The risks are real
We have all become familiar with the data security requirements of HIPAA, Sarbanes-Oxley, FACTA, GLB, etc., but new legal issues have arisen, significantly increasing data security liability.
The security breach becomes public knowledge.
37 States (and counting), plus Washington, D.C., have passed Identity Theft or data privacy legislation requiring that in the event of a data security breach or suspected breach; all affected parties must be notified.
Costs of a data breach vary widely, ranging $90 to $305 per customer record, depending on whether the breach is “low-profile” or “high-profile” and the company is in a non-regulated or highly regulated area, such as banking. That doesn’t measure the cost of a damaged reputation, lost business or diminished stock prices resulting from the now-public breach. (Source - Identity Theft Resource Center www.idtheftcenter.org)
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All stored data is at risk of legal discovery
Law firms have aggressively adopted electronic data discovery practices (EDD).
Originally, forensic data recovery was a niche activity focused on the recovery of lost data from defective or damaged hard drives. Today, it’s a multi-billion dollar industry supporting the legal profession’s EDD efforts.
Forensic consultants cannot merely recover data sitting on your computer systems; they can also recover erased data.
"Safe Harbor" refers to a term used in the amended (December 2007) Federal Rules of Civil Procedure - Rule 37(d), (3), (e), under which it addresses how electronically stored information (ESI) may be destroyed.
Back Thru The Future’s Safe Harbor Data Destruction process has been developed to ensure compliance with Rule 37(d), (3), (e) and can significantly reduce risk associated to data security liabilities.
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