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Mary Chaney What is Reasonableness

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What is Reasonableness

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Mary Chaney What is Reasonableness

  1. 1. NTXISSA.org What does acting “reasonable” mean in Cyber Security and Privacy? Mary N. Chaney Attorney The Cyber Security Law Firm of Texas 10/05/2018
  2. 2. CYBER SECURITY LIABILITY What is reasonable?
  3. 3. About Mary N. Chaney • Mary N. Chaney, Esq., CISSP is a former Special Agent for the FBI where she investigated cybercrime, a seasoned corporate executive that built and operated information security teams and now a cybersecurity attorney. • As a self-described “Breach Whisperer” our firm can train your company to properly prepare for your eventual breach! • The overall goal of our firm is to use our wealth of knowledge and expertise to help support, translate and advise, Boards of Directors, CIO's, CISO's and General Counsel's on how to legally protect their company from cyber related risk.
  4. 4. R e a s o n a b l e n e s s • Reasonable Person Standard: a hypothetical person in society who uses average care, skill, and judgement in conduct. Someone who uses common sense with the knowledge they have. • Standard of Reasonable Care: the degree of caution or concern an ordinarily rational person would use under similar circumstances. • Both comparative standards go hand in hand and are used in helping determine liability. Copyright © 2018 The Law Offices of Mary N. Chaney, PLLC All Rights Reserved
  5. 5. What’s in a word? • Reasonable – Sound judgment; fairness • Proportional – Properly related in size, degree, or other measurable characteristic; corresponding • Appropriate – Suitable or proper in the circumstances Copyright © 2018 The Law Offices of Mary N. Chaney, PLLC All Rights Reserved
  6. 6. Investment • Risk Assessment – MUST PERFORM (Call your attorney) • Prioritize List • Take care of low hanging fruit (no/low cost solutions) • Train your staff (people) • Written policies, standards, & PROCEDURES (process) • Ensure hygiene principles are followed (technology) • Continuously improve/mature Copyright © 2018 The Law Offices of Mary N. Chaney, PLLC All Rights Reserved
  7. 7. HIPAA Copyright © 2018 The Law Offices of Mary N. Chaney, PLLC All Rights Reserved • Paper • Physical location • Access Control • Policies • IT Vendor & Server Room • Training • Policies • Training • IR • BC/DR
  8. 8. Where the law is headed….. • More breaches…. More knowledge... More exposure to failure of internal processes • Courts will eventually start maturing their definition of what is reasonable • Doing nothing is no longer an option Copyright © 2018 The Law Offices of Mary N. Chaney, PLLC All Rights Reserved
  9. 9. Questions? Contact Info: 3540 E. Broad Street Suite 120-105 Mansfield, TX 76063 Phone: (682) 401-4835 Email: mary@mnchaneylaw.com Web: mnchaneylaw.com Copyright © 2018 The Law Offices of Mary N. Chaney, PLLC All Rights Reserved
  10. 10. NTXISSA.org 10 Thank you

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