The Questions a Judge Will Ask You After a Data Breach
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The Questions a Judge Will Ask You After a Data Breach

Keynote
Wednesday, October 09, 2019 09:30—10:00
Location: Ballroom

If you are breached and your case goes to litigation, you will likely be asked to demonstrate “due care” and that your controls were “reasonable.” Many are surprised to learn that a breach by itself does not constitute negligence in most cases. But judges will ask a set of questions that help them determine whether your controls were reasonable. These questions bear a close resemblance to information security risk assessments; they both try to balance the likelihood and impact of foreseeable threats against the burden of safeguards. This presentation will explain judicial balancing tests, how they relate to regulatory definitions of “reasonable” risk, and how to conduct risk assessments that prepare you to answer the tough questions before you need to be asked.
Attendees will learn:
- How to define “reasonable” in a way that makes sense to business, judges, and regulators.
- How to design and run a risk assessment that is meaningful to technicians, business, and authorities.
- Learn from case studies involving regulatory oversight, law suits that happened, and law suits that never happened.

The Questions a Judge Will Ask You After a Data Breach
Presentation deck
The Questions a Judge Will Ask You After a Data Breach
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Chris Cronin
Chris Cronin
The DoCRA Council
Chris Cronin is the Principal Author of CIS RAM (Center for Internet Security Risk Assessment Method). Chris has acted as expert witness and has conducted risk assessments to support regulatory...

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