Cyber Law Watch – Page 43 – Insight on how cyber risk is being mitigated and managed across the globe

Privacy Commissioner releases a Guide to deal with data breaches

Apr 19 2016

By Cameron Abbott, Rob Pulham and Simon Ly

On 11 April 2016, the Privacy Commissioner released a guide to deal with issues associated with data breaches. This is aimed at entities regulated by the Privacy Act 1988 (Cth) in order to assist them with complying with the Australian Privacy Principles.

When (and it is likely to be a matter of when and not if) your entity is subject to a data breach, whether it be through your system being hacked or if devices are lost or stolen, it is important that you are equipped to deal with it. It is important to get in front of such problems and have pre-prepared action plans given that it is likely that the first 24 hours will be the most crucial in determining your level of success in dealing with a data breach. Data breaches can be expensive, both in a monetary and reputational sense.

In the guide, the Privacy Commissioner highlighted that a written data breach response plan is an important tool to help deal with such issues. Such a plan should include:

actions to be taken if a breach is suspected, discovered or reported by a staff member, including escalation measures;
the members of the data breach response team; and
the actions the team are expected to take.

Such a plan needs to be regularly reviewed and updated, with all relevant staff kept up to date so that they know what actions they are expected to take.

The Privacy Commissioner suggests the following four steps to be taken when a data breach is discovered:

contain the breach and do a preliminary assessment;
evaluate the risks associated with the breach;
develop a plan for notifying affected individuals and consider what information should be in any notification; and
determine steps to be taken to prevent future breaches.

For more information, please feel free to contact us. You can find out more information on practical steps you can take here.

Event: Learn With Us – Update on Cybersecurity

Apr 05 2016

2016 is shaping up to be another big year for developments in cybersecurity and privacy.

We finally expect to see mandatory data breach reporting laws introduced into Australia; there are continuing developments in relation to the US/EU “Safe Harbor” framework and its proposed replacement the “Privacy Shield”; ever-growing connectivity between “Internet of Things” devices; hackable cars; self-driving cars; and of course our favourite topic, drones.

Not to mention the increasing usefulness of data analytics and the steady migration of data into the “cloud”, along with data breaches that have become too prolific to list.

Join Cameron Abbott, Partner, and Rob Pulham, Senior Associate, in our Melbourne office Thursday 14 April 2016 12.45pm to 2.00pm for our annual update on all things cybersecurity and privacy, where we will:

highlight some of the key developments over the past 12 months
consider how your business should be placed to handle issues that are regularly arising in practice
look forward to the (near) future and what it may bring.

Lunch will be provided. We hope you can join us – please register here.

CPD/CLE points:
You can claim one substantive law CLE point for your attendance at this session.

Bangladesh Bank considers legal action against the NY Fed in Hollywood-esque hack

Mar 31 2016

By Cameron Abbott and Simon Ly

In a story that would make an excellent plot to a sequel to Ocean’s 13, the Federal Reserve Bank of New York has been the target of a successful major cyber hack. Part of the targeted attack was an attempt to steal nearly $1 billion from Bangladesh Bank’s account.

If anyone would be well protected it would be the NY Fed, right? Well, while they were able to block some 30 transactions, 5 were successful, resulting in $81 million being stolen from Bangladesh Bank’s account.

The NY Fed has released a statement outlining that its systems were not breached, but instead pointing to SWIFT, a member-owned cooperative relied upon by banks to authenticate international monetary transactions. In response, a SWIFT representative stated that it “reiterates that the SWIFT network itself was not breached”. For its part, the NY Fed agreed that it “viewed this as a major lapse on the part of FRB NY”.

It will be fascinating to see how this he-said she-said blame game plays out. The current state of events is that the Bangladesh Bank is engaging legal counsel to establish grounds for recompense.

It goes without saying that these mind boggling figures and the nature of the attack emphasise that no one is immune from attacks. Next time someone tells you that it can’t happen to your organisation – remember this example.

For more information, please see Bloomberg’s report here.

The biggest cyber security threats experienced by Australian organisations

Mar 31 2016

By Jim Bulling and Michelle Chasser

The Australian Government Australian Cyber Security Centre (ACSC) has released its 2015 Cyber Security Survey: Major Australian Businesses. 149 organisations across a number of sectors, including banking and finance, defence and energy, responded to the survey which provides some interesting insights into cyber security activity and concerns for the future.

According to the survey the top 10 cyber security incidents experienced by respondents on their networks in the previous 12 months were:

ransomware (72%)
malware (66%)
targeted malicious emails (59%)
virus or worm infection (30%)
theft of mobile devices and laptops (30%)
trojan (27%)
remote access trojans (20%)
unauthorised access (25%)
theft or breach of confidential information (23%)
unauthorised access to information from an outsider (17%)

Been Hacked? To Report Or Not To Report… To The SEC, It Isn’t Even A Question.

Mar 28 2016

By Tyler Kirk

In the US, the Securities and Exchange Commission has encouraged its regulated entities to self-report. If entities do not self-report, there is the very real possibility that a whistleblower may disclose a cybersecurity incident to the Commission. Significantly, the SEC has indicated that it would take a more adversarial position against an entity that does not self-report.
When self-reporting cybersecurity incidents to the SEC, it is important to approach the Commission with a well thought out plan for responding to the incident. Moreover, a remediation strategy should be a part of every entity’s cybersecurity policies and procedures.

After a cybersecurity incident, SEC regulated entities, such as investment companies and their boards, should move quickly to establish the scope of the incident, decide whether to self-report to the SEC, and begin the remediation process. According to the Commission, under some circumstances, the SEC has tools available to assist with remediation.

Importantly, self-reporting cybersecurity incidents to the SEC could benefit an investment company and its board by leading to a reduced penalty in the event an enforcement action is brought on the basis of the incident.

A New Cyber Regulator on the Beat: The CFPB Issues its First Cybersecurity Order and Fine

Mar 09 2016

By Ted Kornobis

On March 2, 2016, the Consumer Financial Protection Bureau (“CFPB”) instituted its first data security enforcement action, in the form of a consent order against online payment platform Dwolla, Inc.

The CFPB joins several other regulators that have recently issued statements or instituted enforcement actions in this space, including the Securities and Exchange Commission (“SEC”), Commodities Futures Trading Commission (“CFTC”), the Financial Industry Regulatory Authority (“FINRA”), the National Futures Association (“NFA”), the Department of Justice (“DOJ”), state attorneys general, and the Federal Trade Commission (“FTC”), which has been active in this area for several years.

To read more click here.

The EU-US Privacy Shield has been released

Mar 02 2016

By Cameron Abbott and Meg Aitken

The European Commission has now officially released the EU-U.S. Privacy Shield, which sets out the key requirements and principles for trans-Atlantic data flow between Europe to the US.

Read our colleague’s article on the announcement here.

Alternatively, access the European Commission’s Press Release here.

Nissan shakes like a LEAF and disables app after car hacking potential exposed

Mar 02 2016

By Cameron Abbott and Meg Aitken

Lock you doors…oh wait, that won’t protect you. Australian security researchers, Troy Hunt and Scott Helme have exposed a security flaw in Nissan’s Connect app which allows certain features of the manufacturer’s best-selling electric car, the ‘LEAF’, to literally be controlled by someone else on the other side of the world.

Hunt and Helme recently discovered that the app did not require any owner identification information in order to link with and control LEAF cars. All that was required was the Vehicle Identification Number (VIN), which is conveniently displayed on the chassis of the vehicle.

OK, so hackers couldn’t actually steer the car, but they could command the climate control and telematics to access driving data about trip durations, raising privacy concerns. Further, given that the LEAF is an electric powered vehicle, being able to access the climate controls could potentially allow a hacker to drain the battery and leave a driver stranded.

Car companies are racing to embrace the internet of things, and privacy and security seems to be taking a back seat. While there is no doubt that connected car technology boasts exciting functionality for drivers, it is not without road bumps, and we are once again reminded of the dangerous potential presented by interconnected devices. With a bit of luck, Nissan’s scare will see the automotive industry get in the driver’s seat towards developing a better appreciation of the risks associated with these devices and how they can be mitigated.

Nissan has now reportedly disabled the NissanConnect app and plans to release a new version once these security concerns are rectified. According to Hunt’s blog post, it took Nissan more than a month to take the app offline after he reported the security vulnerabilities.

Read Troy Hunt’s blog post on the discovery here.

It’s official and, it’s personal – Gemalto’s 2015 results reveal scary cybercrime stats

Feb 29 2016

By Cameron Abbott and Meg Aitken

Never mind your credit card details, let’s worry about cybercriminals stealing your identity.

The latest Breach Level Index released by Gemalto has revealed that identity theft was the primary target of hackers in 2015, with stolen personal information accounting for 53% of all data breaches.

It’s a worry, you see, because while your credit card has inbuilt security defences and merchant protection mechanisms, your valuable personal information is probably stored in multiple locations, across a number of interfaces, in a variety of forms, exposing it to substantial risk of theft.

Not only is the massive volume of personal information that is available to be stolen a cause for alarm, but what cybercriminals can potentially do with that information is the major concern.

So who is to blame? Well, malicious outsiders were the leading source of data breaches in 2015, accounting for 58%, accidental loss of data was next and then came malicious insiders, who accounted for 14% of all data breaches.

Clearly, companies need to recognise that today’s cyber environment demands robust security strategies that not only protect networks from external attacks and accidental data loss, but also keep an eye on insiders too.

To secure against a data breach, Gemalto recommends that organisations commit to the encryption of all sensitive information, secure storage and management of data and encryption keys, and controlled access and authentication of users.

Access the Gemalto 2015 Breach Level Index Report here.

Apple sends passionate message to customers following court order to hack iPhone

Feb 18 2016

By Cameron Abbott and Meg Aitken

A US District Court has ordered Apple to assist US law enforcement agents to bypass the security features, disable the auto-erase function and ultimately access the data contained within an iPhone 5C that was used by one of the San Bernardino shooters, Syed Rizwan Farook.

Apple’s CEO Tim Cook responded to the order with an open letter to customers discussing the privacy and security implications of the order and calling for public discussion on the issue.

Read Apple’s Customer Letter here.

Access the Court Order here.