Home > Ask the Security Experts > Security Management Questions & Answers > Data breach notification legislation: What info must be released?
Ask The Security Expert: Questions & Answers
EMAIL THIS

Data breach notification legislation: What info must be released?

David Mortman, featured expert EXPERT RESPONSE FROM: David Mortman, featured expert

Pose a Question
Other Security Categories
Meet all Security Experts
Become an Expert for this site


Digg This!    StumbleUpon Toolbar StumbleUpon    Bookmark with Delicious Del.icio.us   


>
QUESTION POSED ON: 20 July 2009
When a bank's credit card or ATM records have been compromised by a "merchant," does the bank have any obligation to inform customers as to the specifics of the compromise?


BROWSE BY TAG
Security Management,   Network Intrusion Detection and Analysis,   Enterprise Network Security,   Information Security Incident Response,   Security Event Management,   VIEW ALL TAGS

Digg This!    StumbleUpon Toolbar StumbleUpon    Bookmark with Delicious Del.icio.us   



RELATED CONTENT
Security Management
How to prepare for a FERPA audit
Why doesn't the CISSP cover information assurance and DIACAP?
Risk management strategy for an information technology solution provider
Are there guidelines to create a HIPAA-compliant data center?
HHS HIPAA guidance on encryption requirements and data destruction
Writing a patient identifier policy to prevent common HIPAA violations
How to write technology outsourcing contracts
The requirements for being a PCI DSS-compliant service provider
The requirements needed to make an external penetration test legal
How to create configuration management plans to install DLP

Information Security Incident Response
Incident response planning
Mature SIMs do more than log aggregation and correlation
New partnerships, creative thinking help security bust recession
Senators hear call for federal cybersecurity restructuring
Tying log management and identity management shortens incident response
Tabletop exercises sharpen security and business continuity
Security incident response 101
Firms muddle security breach response, expert says
Microsoft Conficker worm offers attack prevention lesson
Security book chapter: Applied Security Visualization
Information Security Incident Response Research

Security Event Management
Network traffic collection, analysis helps prevent data breaches
Best Security Information and Event Management Products
Understanding PCI DSS compliance requirements for log management
How to prevent a denial-of-service (DoS) attack
Mature SIMs do more than log aggregation and correlation
The top 5 network security practices
SIMs tools and tactics for business intelligence
SIEM: Not for small business, nor the faint of heart
Should IDS and SIM/SEM/SIEM be used for network intrusion monitoring?
Tying log management and identity management shortens incident response

RELATED GLOSSARY TERMS
Terms from Whatis.com − the technology online dictionary
incident response  (SearchSecurity.com)

RELATED RESOURCES
2020software.com, trial software downloads for accounting software, ERP software, CRM software and business software systems
Search Bitpipe.com for the latest white papers and business webcasts
Whatis.com, the online computer dictionary


To the best of my knowledge, there is currently no data breach notification legislation that requires this sort of disclosure by a bank. The legislation currently in place focuses solely on the initial person who lost the data and does not address anyone further up the chain. As a result, unless the bank is the one to lose the data, it doesn't have to notify customers; and if it doesn't have to notify customers about the existence of a breach, it certainly doesn't have to provide details of the breach. The closest thing to such a requirement is the Payment Card Industry Data Security Standard (PCI DSS), and while that mandate requires breach notification to the PCI Security Standards Council, it does not require notification to customers.

That being said, in the cases of larger breaches, such as the ones related to TJX Companies Inc. and Heartland Payment Systems Inc., the banks reissued credit and debit cards to customers whose data was lost and provided some customer data breach information.

Interestingly, after the fallout of the ChoicePoint breaches a few years ago and as more states have laws like California's SB-1386 (and now HITECH), it's more common for organizations to provide information about breaches to customers even when there is no requirement to do so! As it has been increasingly shown that a breach does not cause much customer turnover, the perceived risk of announcing a breach, even when a company doesn't have to, has gone down.

For more information:




Search and Browse the Expert Answer Center
Search and browse more than 25,000 question and answer pairs from more than 250 TechTarget industry experts.
Browse our Expert Advice



Find Security Solutions for Your Business
TechTarget Security Media
Information Security View this month\\'s issue and subscribe today.
Information Security Decisions Apply online for free conference admission.
SearchSecurity.com
HomeNewsMagazineMultimediaWhite PapersLearningAdviceTopicsEventsAbout Us

About Us  |  Contact Us  |  For Advertisers  |  For Business Partners  |  Site Index  |  RSS
TechTarget provides technology professionals with the information they need to perform their jobs - from developing strategy, to making cost-effective purchase decisions and managing their organizations' technology projects - with its network of technology-specific websites, events and online magazines.

TechTarget Corporate Web Site  |  Media Kits  |  Site Map




All Rights Reserved, Copyright 2003 - 2009, TechTarget | Read our Privacy Policy
  TechTarget - The IT Media ROI Experts