From the law firm of Troutman Pepper Hamilton Sanders LLP:
It is indeed a tangled regulatory web woven to potentially trap an organization in the wake of a data incident. Navigating this web can involve significant resources, time, and stress. As we discussed in part two of this series, “Your organization has suffered a data incident: Now here are the regulators it will likely encounter,” Reuters Legal News and Westlaw Today, Oct. 16, 2023, there is no shortage of regulators likely to come calling. Organizations therefore have little margin for error when assessing and responding to an incident.
Time and strategy are of the essence. Here are four tips for navigating data incident investigations to avoid the worst fates of the regulatory web.
Assess the incident immediately and identify potential regulators
A regulator will typically investigate a data incident when it occurs within its jurisdiction and involves some combination of aggravating factors. As noted in part one of this series, these factors include, among others, the size of the affected population, the sensitivity of the data breached, the demographic of the affected population, and the likelihood of consumer harm. It is therefore necessary that an affected organization, after it has contained the incident, quickly assess the nature of the incident and its scope to determine, among other things, those regulators that will likely be at play.
Read the whole article with other tips at Reuters.
