Data-Breach Conundrum For In-House Counsel Now Said To Include Potential Personal Liability
September 8, 2020
A data breach brings with it some of the most difficult calls in-house legal will ever have to make. What happened? How serious is it? How much detail do we need to disclose? To whom, and precisely when? Such decisions often are “intertwined with one another and hampered by incomplete and emerging facts,” observes this post from law firm Vinson & Elkins. “Disclosing ‘everything’ to everybody is not realistic or advisable.” A recent legal case, where felony charges were filed against a former deputy general counsel who was alleged to have helped cover up a major data breach by playing it as a “white hat” dry run and couching the ransom as payment for service, has only added to the gravity of this scenario. “General Counsel should now consider this disturbing possibility and how to mitigate this risk.”
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