Notify Individuals
Notify individuals. If you quickly notify people
that their personal information has been compromised, they can take
steps to reduce the chance that their information will be misused. In
deciding who to notify, and how, consider:
- the nature of the compromise
- the type of information taken
- the likelihood of misuse
- the potential damage if the information is misused
For example, thieves who have stolen names and Social Security
numbers can use that information not only to sign up for new accounts in
the victim’s name, but also to commit tax identity theft. People who
are notified early can take steps to limit the damage.
When notifying individuals, the FTC recommends you:
- Consult with your law enforcement contact about the timing of the notification so it doesn’t impede the investigation.
- Designate a point person within your organization for releasing information. Give the contact person the latest information about the breach, your response, and how individuals should respond.
- Consider using letters (see sample below), websites, and toll-free numbers
to communicate with people whose information may have been compromised.
If you don’t have contact information for all of the affected
individuals, you can build an extensive public relations campaign into
your communications plan, including press releases or other news media
notification.
- Consider offering at least a year of free credit monitoring or other support
such as identity theft protection or identity restoration services,
particularly if financial information or Social Security numbers were
exposed. When such information is exposed, thieves may use it to open
new accounts.
State breach notification laws typically tell you what
information you must, or must not, provide in your breach notice. In
general, unless your state law says otherwise, you’ll want to:
- Clearly describe what you know about the compromise. Include:
- how it happened
- what information was taken
- how the thieves have used the information (if you know)
- what actions you have taken to remedy the situation
- what actions you are taking to protect individuals, such as offering free credit monitoring services
- how to reach the relevant contacts in your organization
Consult with your law enforcement contact about what information to include so your notice doesn’t hamper the investigation.
Tell people what steps they can take, given the type of information exposed, and provide relevant contact information.
For example, people whose Social Security numbers have been stolen
should contact the credit bureaus to ask that fraud alerts or credit
freezes be placed on their credit reports. See IdentityTheft.gov/databreach
for information on appropriate follow-up steps after a compromise,
depending on the type of personal information that was exposed. Consider
adding this information as an attachment to your breach notification
letter, as we’ve done in the model letter below.
Include current information about how to recover from identity theft. For a list of recovery steps, refer consumers to IdentityTheft.gov.
Consider providing information about the law enforcement
agency working on the case, if the law enforcement agency agrees that
would help. Identity theft victims often can provide important information to law enforcement.
Encourage people who discover that their information has been misused to report it to the FTC, using IdentityTheft.gov. IdentityTheft.gov
will create an individualized recovery plan, based on the type of
information exposed. And, each report is entered into the Consumer
Sentinel Network, a secure, online database available to civil and
criminal law enforcement agencies.
Describe how you’ll contact consumers in the future.
For example, if you’ll only contact consumers by mail, then say so. If
you won’t ever call them about the breach, then let them know. This
information may help victims avoid phishing scams tied to the breach,
while also helping to protect your company’s reputation. Some
organizations tell consumers that updates will be posted on their
website. This gives consumers a place they can go at any time to see the
latest information.
| The HIPAA Breach Notification Rule, 45 CFR §§ 164.400-414, requires HIPAA covered entities and their business associates to provide notification following a breach of unsecured protected health information. Similar breach notification provisions implemented and enforced by the Federal Trade Commission (FTC), apply to vendors of personal health records and their third party service providers, pursuant to section 13407 of the HITECH Act. ...read more |
| Following a breach of unsecured protected health information, covered entities must provide notification of the breach to affected individuals, the Secretary, and, in certain circumstances, to the media. In addition, business associates must notify covered entities if a breach occurs at or by the business associate. Individual Notice Covered entities must notify affected individuals following the discovery of a breach of unsecured protected health information. Covered entities must provide this individual notice in written form by first-class mail, or alternatively, by e-mail if the affected individual has agreed to receive such notices electronically. If the covered entity has insufficient or out-of-date contact information for 10 or more individuals, the covered entity must provide substitute individual notice by either posting the notice on the home page of its web site for at least 90 days or by providing the notice in major print or broadcast media where the affected individuals ...read more |
| If a breach of unsecured protected health information occurs at or by a business associate, the business associate must notify the covered entity following the discovery of the breach. A business associate must provide notice to the covered entity without unreasonable delay and no later than 60 days from the discovery of the breach. To the extent possible, the business associate should provide the covered entity with the identification of each individual affected by the breach as well as any other available information required to be provided by the covered entity in its notification to affected individuals. ...read more |
| Notify individuals. If you quickly notify people that their personal information has been compromised, they can take steps to reduce the chance that their information will be misused. In deciding who to notify, and how, consider: state lawsthe nature of the compromisethe type of information takenthe likelihood of misusethe potential damage if the information is misused For example, thieves who have stolen names and Social Security numbers can use that information not only to sign up for new accounts in the victim’s name, but also to commit tax identity theft. People who are notified early can take steps to limit the damage. When notifying individuals, the FTC recommends you: Consult with your law enforcement contact about the timing of the notification so it doesn’t impede the investigation.Designate a point person within your organization for releasing information. Give the contact person the latest information about the breach, your response, and how ...read more |
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11/16/22 Administrative Requirements and Burden of Proof
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11/16/22 Breach Notification Requirements
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11/16/22 Guidance to Render Unsecured Protected Health Information Unusable, Unreadable, or Indecipherable to Unauthorized Individuals
11/16/22 Definition of Breach
11/16/22 Breach Notification Rule
11/16/22 Notify Individuals
11/16/22 Notify Appropriate Parties
11/16/22 Fix Vulnerabilities
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