Maintaining robust cybersecurity measures that meet government- and industry-recognized standards will provide businesses operating in Ohio with a legal defense to data breach lawsuits, if a bill recently introduced in the Ohio Senate becomes law.
Ohio Senate Bill No. 220 (S.B. 220), known as the Data Protection Act, was introduced to provide businesses with an incentive to achieve a “higher level of cybersecurity” by maintaining a cybersecurity program that substantially complies with one of eight industry-recommended frameworks. See S.B. 220, Section 1, proposed Ohio Rev. Code §§ 1354.01 to 1354.05.
Compliance Standards To Be Met
Businesses that are in substantial compliance with one of the eight frameworks outlined in S.B. 220 would be entitled to a “legal safe harbor” to be pled as an affirmative defense to tort claims related to a data breach stemming from alleged failures to adopt reasonable cybersecurity measures. S.B. 220, Section 1, proposed Ohio Rev. Code §§ 1354.02(A) and (C), 1354.03; S.B. 220, Section 2(A).
The Company’s investigation determined that a phishing scheme got into its email system on or about October 31, 2017. Our information technology team caught the scheme within minutes of the first phishing email, blocked the email, and notified employees not to click on the link in it or similar emails. Unfortunately, approximately 300 employees clicked on the link anyway. The investigation further revealed that company-wide, 23 employees’ direct deposit instructions were changed.
Despite the catastrophic 2015 hack that hit the dating site for adulterous folk, people still use Ashley Madison to hook up with others looking for some extramarital action. For those who’ve stuck around, or joined after the breach, decent cybersecurity is a must. Except, according to security researchers, the site has left photos of a very private nature belonging to a large portion of customers exposed.
The issues arose from the way in which Ashley Madison handled photos designed to be hidden from public view. Whilst users’ public pictures are viewable by anyone who’s signed up, private photos are secured by a “key.” But Ashley Madison automatically shares a user’s key with another person if the latter shares their key first. By doing that, even if a user declines to share their private key, and by extension their pics, it’s still possible to get them without authorization.