As organizations of all stripes increasingly rely on cloud computing services to conduct their business, the need to balance the benefits and risks of cloud computing is more important than ever. This is especially true when it comes to data security and privacy risks. However, most Cloud customers find it very difficult to secure favorable contract terms when it comes to data security and privacy. While customers may enjoy some short term cost-benefits by going into the Cloud, they may be retaining more risk then they want (especially where Cloud providers refuse to accept that risk contractually). In short, the players in this industry are at an impasse. Cyber insurance may be a solution to help solve the problem.
The ISSA Journal was recently kind enough to provide me with the opportunity to publish an article entitled "The Legal Defensibility Era" (the cover article for its May 2010 publication, which focuses on legal issues impacting information security). Here is the abstract for the article: The era of legal defensibility is upon us. The legal… Continue Reading
As many of our readers know, the International Association of Privacy Professionals (IAPP) will celebrate 10 years this Tuesday, March 16. In connection with that anniversary, the IAPP is releasing a whitepaper, “A Call For Agility: The Next-Generation Privacy Professional,” tomorrow, March 15. I am honored that the IAPP has given me the opportunity to read and blog about the whitepaper in advance of its official release.
SearchSecurity.com published an article by me yesterday (Interpreting ‘risk’ in the Massachusetts data protection law) concerning the risk-based elements of Massachusetts’ data security regulation (201 CMR 17.00, et. al). The gist of the article is that any company that chooses anything less than “strict compliance” with the specific written information security policy (“WISP”) and control requirements of the regulation must be able to legally support their decision based on the regulation’s risk elements. What this amounts to is developing a legal opinion interpreting and applying those risk-based factors to the organization’s particular circumstances.