FTC Issues Data Breach Response Guidance

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The Federal Trade Commission (FTC) this week issued the publication, Data Breach Response: A Guide for Business, that outlines steps it recommends that businesses take when it believes it may have suffered a data breach.

According to the guidance, “immediate steps” to take include:

  • Securing physical areas that may be related to the incident, including changing codes
  • Stop additional data loss
  • Remove improperly posted information from the web, if applicable, and search to make sure other sites haven’t posted the information
  • Make sure any service providers who were involved have remedied all vulnerabilities
  • Change service providers’ access rights, as applicable
  • Determine if you have a reportable data breach under state or federal law
  • Contact law enforcement, if applicable
  • Notify any other businesses potentially affected by the incident
  • Notify individuals if required by law

The guidance also provides a model state breach notification letter, although businesses would do well to check the applicable state laws for compliance and customize any letters sent to individuals.

The guidance includes a video and reminds businesses to prevent breaches by protecting information first.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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