Data Breach Notification Lists

One of the challenging aspects of dealing with a data breach is identifying all the people who may have been affected. A data breach notification list is a compilation of all the clients, partners, vendors, and other third parties who might have been affected by a data breach at your organization.

In the United States, companies are legally required to provide notification of security breaches involving personal information. Specific regulations vary from state to state, but in general, the information that should be in a data breach notification includes:

• How the breach happened
• What type of information was compromised
• How hackers have used the information
• What actions your organization is taking to remediate the breach and prevent future incidents
• How your organization is protecting any individuals affected

You also should provide a dedicated helpline or email address that affected individuals can use to contact your organization with any questions.

While you should remediate the breach as soon as possible, you may need to check relevant regulations for specific guidelines on how quickly you need to notify affected individuals. The HIPAA Breach Notification Rule, for example, requires companies to notify individuals no later than 60 days after a breach is discovered. Non-compliance with data breach notification requirements could result in fines, sanctions, or fees, as well as damage to an organization’s public image.

When a data breach happens, organizations don’t always have the in-house legal capacity to assess damage and perform remediation. That is where alternative legal services providers (ALSPs) like QuisLex come in. With our extensive experience in cyber incident response services, you can outsource data breach review and notification processes to ensure regulatory compliance and mitigate risk.

Many countries around the world now have privacy laws modeled after the European Union’s General Data Protection Regulation (GDPR). This regulation governs how organizations collect and safeguard personal data, as well as what an organization needs to do after it experiences a security breach. When a breach affects personal data, the organization must report the incident to a supervisory authority within 72 hours.

In the U.S., two of the major regulations that govern data breaches are the Federal Trade Commission (FTC) Health Breach Notification Rule and the HIPAA Breach Notification Rule. Both require notification of the proper federal agencies (as well as affected businesses and individuals) when a breach compromises personal data.

If a data breach occurs, your business must identify all individuals and entities that have possibly been the victims of data theft to build a notification list. In many cases, companies will need to contact affected parties by email and traditional mail. 

It’s important to have a data breach response plan in place so you’re prepared if an incident occurs. Key components of a well-defined response plan include:

• A dedicated incident response team that includes representation from your IT, HR, legal, and communications departments, as well as the executive team
• A clearly defined set of steps for identifying and containing breaches, as well as data recovery procedures 
• A process for notifying affected individuals and responding to inquiries
• A communications plan for sharing appropriate information about the breach with the public and media

Your incident response plan also should outline your obligations for reporting data breaches to the proper regulatory authorities. Be sure to document any reporting guidelines to ensure timely notification of the relevant agencies.

QuisLex has extensive experience generating and preparing notification lists, using advanced analytics to organize contact information for affected individuals. With a team of knowledgeable attorneys specializing in privacy laws and regulations, QuisLex has expertise in more than 30 domestic and international jurisdictions. Our team is adept at:

• Dealing with complex or voluminous data
• Culling data sets with analytics tools
• Navigating cross-border data transfers
• Addressing third-party data or legal exemptions

We understand how important it is to choose a reliable service provider when outsourcing notification processes and other data breach remediation tasks. QuisLex leverages the highest levels of security controls to safeguard your information: our ISO 27001:2013 certified legal operations centers use secure servers, biometric access control, and 24/7 monitoring. 

Additionally, QuisLex’s use of technology sets us apart from other ALSPs. With more than 1,000 permanent staff members, we boast a team of experienced technologists, programmers, and privacy experts, as well as veteran attorneys. Through our partnership with Exterro, we offer Smart Breach Review software, an advanced cybersecurity solution for identifying personally identifiable information (PII) in potentially compromised data.

When a cybersecurity breach occurs, the amount of data that must be reviewed can seem endless. Artificial intelligence (AI) tools can cull datasets and validate PII to help automate notification list processes. ALSPs like QuisLex can assist companies with selecting the appropriate technology solutions to support incident response and remediation tasks, based on an organization’s specific needs.

The cost of handling a data breach can pose a major financial burden, especially for small and mid-sized companies. Fortunately, cyber liability insurance can help cover the financial losses associated with incidents such as data breaches. This type of coverage usually isn’t included in a general liability policy and will need to be purchased separately. However, the additional premium can be well worth it if a breach does happen. 

In every client partnership, QuisLex strives to balance efficiency and cost savings without sacrificing quality control. We rely on Lean Six Sigma principles to create effective, replicable processes and workflows to help clients manage costs.

Follow these best practices for data breach prevention and remediation:

• Evaluate compliance processes: Perform regular audits and assessments to ensure compliance.
• Invest in staff training: Train and re-train staff on internal controls and compliance processes.
• Learn from mistakes: Implement continuous improvement and learning from past incidents. 
• Stay connected: Keep up with the evolving legal landscape regarding data breaches.

While you hope a data breach never affects your organization, you must always be prepared. QuisLex’s data breach services help companies take a proactive approach to data privacy and security so they’re ready to respond if an incident occurs.

With headquarters in New York and India, as well as satellite offices around the world, QuisLex is equipped to support companies across many different industries. Beyond data breach notification services, QuisLex offers a range of managed legal services, from document review and mergers and acquisitions support to legal spend management. We excel at tailoring our services to meet your company’s specific needs so you can work more efficiently while mitigating risk. For more information, contact us today.