Cybersecurity Policy Not only an IT Issue. Impacts 6 HUGE Policy & Business Issues:

The 2016-2017 Chair of the National Governor Association, Virginia Governor Terry McAuliffe, explains that cyber security directly impacts these policy areas and businesses:

  • technology
  • health care
  • education
  • public safety issue
  • business and economics, including insurance
  • democracy (elections)

State Scoop | 38 governors sign cybersecurity compact

Business Trend. Cost of Global Cyberattack at Hurricane Costs. Insurance Policy.

Lloyds of London estimates a global cyber attack will result in damages similar to hurricane Sandy, or $53 billion in economic losses from a global hacking of cloud services.

How do the $53 Billion oin costs break down?

  • Average economic losses  $4.6 billion to $53 billion

  • Actual losses could be as high as $121 billion

  • $45 billion of that sum may not be covered by cyber policies, because

    • companies are underinsuring

  • If operating systems are hacked, average losses…

State insurance Regulators + Familiar State Cybersecurity Finance Rules= More Cybersecurity Rules in 2017

The National Association of Insurance Commissioners is being urged to adopt New York’s Cyber Finance Security Rules in each of their respective states.

NAIC will release proposed rules soon

Reuters | New York Regulator Wants Other States to Model Cyber Laws After Its Rules

Refresher on the New York Cyber Security Rules from January 2nd, 2017 informed:intel:

The state upping the ante on data security rules for the finance industry: New York

The new New York rules announced December 28th will…

The State leading the Way in CyberSecurity Regulations for Financial Institutions:

New York.

The pinnacle of these regulation is New York Department of Financial Services rule, known as Cybersecurity Requirements for Financial Services Companies. 

The New York rules target financial services companies and their advisors. Lawyers call the NY rules “… a more comprehensive framework for cybersecurity than has been seen in any other U.S. jurisdiction.”

insurance news net | New York Jumps Ahead In Data Security Regs

Insurance. Data Security. Bill of Rights for Consumers.

To whom does the model insurance-cybersecurity law apply?  To anyone who holds a license, registration or is authorized by a state insurance agency

There’s a revision to the model law, what’s changed?

  • No preemption by the model law
  • No private causes of action. tort reformers rejoice. 
  • No contractual requirements for 3rd party vendors, but 3rd part vendors must be capable of protecting information
  • Stronger notification requirements that trigger notification within 3 days of…

TREND. State Data Security Regulation. 3 Pieces Informed Intel. The Businesses That are Paying Attention.

What sparked the push for more and new state regulation on data security? New York’s Cybersecurity regulations

Which industries are taking note? Finance & Insurance

Do legal experts think New York’s regulations will be a model for other states?  Yes, yes and yes. 

Law.com | NY Cybersecurity Regs Could Spur Legal Work Nationwide

New York’s Cybersecurity regulations

Model law for Insurance Data Security is here. Like a Valentine + Birthday Wish Wrapped in a Rainbow.

What entity is proposing model data security laws for insurance?  the Cybersecurity Task Force (Task Force) of the National Association of Insurance Commissioners (NAIC)

Is it final? No, its a revised draft after taking into account stakeholder positions

What issues are covered in the model act draft?

  • Require licensees to create a “comprehensive written information security program”
  • Required Data Security programs will detail the:
    • administrative,
    • technical, &
    • physical…

Hidden costs of data breaches. Business Costs.

Case Study: Target. Target’s Securities & Exchange Commission filings show:

  • costs thus far of $290 Million
  • estimated future costs will total $370 Million

Case Study: Anthem Insurance. Anthem’s SEC filings show it cannot estimate the cost of its data breach because:

  • ongoing investigation
  • early stage of legal proceedings progress
  • unknown damages
  • uncertain number of lawsuits that will be filed

In additional to actual costs, there are soft costs to a data breach such as:

  • lost contract…