Data-Incident-ReportWe are excited to release our third annual BakerHostetler Data Security Incident Response Report. This report analyzes the more than 450 data security incidents we led clients through in 2016. Companies continued to experience incidents at a record pace, and we expect this will continue through 2017. We have received more calls to our breach hotline in the first three months of 2017 than we did during all of 2015.

Ransomware was the biggest development we saw last year – it was involved in 23% of the network intrusion incidents. Because no one measure can guarantee a successful defense against ransomware, we do not expect this issue to go away.

Our 2016 Report focused on companies being “compromise ready” to detect, respond to and contain incidents faster. That still holds true. In fact, our experience shows that companies should be focused on the basics, such as education and awareness programs, data inventory efforts, risk assessments, and threat information sharing. Most incidents are not the result of a sophisticated, never-before-seen, unpreventable, zero-day attack. Instead, networks are often as fallible as the people who build and maintain them. Both skilled and unskilled attackers are able to access networks, whether the networks have little or “next gen” security.

Notable statistics from the report include:

  • Cause of incidents: phishing/hacking/malware (43%), employee actions/mistakes (32%), lost/stolen devices or records (18%), internal theft (3%), other criminal acts (4%).
  • No industry is immune: The healthcare industry (35%) was affected more than any other. Rounding out the top three are finance and insurance (16%) and education (14%).
  • Number of individuals notified: For incidents in 2016 where notification was made, the average number of individuals notified was 77,230. The drop from 2015 is likely related to the increase in W-2 phishing incidents, which typically involve a population of thousands rather than millions of employees. Nearly 10% of all incidents we worked on involved W-2 phishing emails.
  • Self-detected incidents comprised 64% of the incidents that BakerHostetler helped manage in 2016. This number continues to increase, primarily due to more and more companies deploying endpoint monitoring.
  • Not all incidents require notification to individuals or the public at large. In 44% of the incidents that BakerHostetler helped manage in 2016, notification or public disclosure was not necessary or appropriate.
  • Credit monitoring continues to be offered in response to breaches. Last year, 64% of the companies that notified individuals offered credit monitoring. Although redemption rates continue to be low in very large incidents (typically less than 5%), in W-2 phishing email incidents, the redemption rate can be 40% or even much higher.
  • Attorneys general remain active, and inquiries were made in 29% of incidents reported to AGs.
  • Litigation results less frequently, with less than 5% of all matters resulting in litigation. This year, we have provided a section in the report that discusses the cases we are working on and the trends in this area.

The full 2017 BakerHostetler Data Security Incident Response Report can be found here. We will host a webinar to provide more in-depth commentary on these findings on May 9 at noon EDT, and will also be posting weekly blog entries every Tuesday and Thursday for the next several weeks that will look at the findings in depth.

Photo of Theodore J. Kobus III Theodore J. Kobus III

Ted Kobus stands at the forefront of cyber protection — no small role in an era defined by crippling data breaches and daily digital threats. He has earned authority in the areas of privacy, data security and cybersecurity, leading clients to entrust him…

Ted Kobus stands at the forefront of cyber protection — no small role in an era defined by crippling data breaches and daily digital threats. He has earned authority in the areas of privacy, data security and cybersecurity, leading clients to entrust him with more than 6,000 data breach responses. Businesses, government and other organizations turn to Ted for sound advice on compliance, developing response strategies, breaches implicating domestic and international laws, and defense of both class action litigation and regulatory actions. Notably, he has developed key relationships with the U.S. Department of Justice (DOJ), where he and his team have helped to establish protocols to protect corporate victims following a data breach. He knows the most proactive regulators involved in this space and interacts with them regularly.

Ted has led the defense to hundreds of regulatory investigations, including those brought by the Attorney General Multi-State, Department of Health and Human Services Office for Civil Rights, Departments of Insurance, SEC and FTC. In the healthcare space, Ted has defended more than 200 OCR investigations and has negotiated more privacy/security-related resolution agreements than any other lawyer.

Ted is consistently ranked in Chambers USA: America’s Leading Lawyers for Business, and he is one of only a handful of attorneys nationwide named an MVP by Law360 for Privacy and Consumer Protection. He is a regular contributor to BakerHostetler’s Data Counsel blog, and he frequently speaks at major industry events regarding data breach response, risk management and litigation issues affecting privacy. Ted has spoken at the National Association of Attorneys General on data security issues in a closed session, as well as the National Security Cyber Specialist’s Training Conference organized by the DOJ.

Ted is the firmwide chair of BakerHostetler’s Digital Assets and Data Management Group and a member of the firm’s Policy Committee.