Add to my Schedule Grand Ballroom Cyber Next Summit Track (CNS) | Borderless Cyber Track (BC) | Joint CNS-BC Plenary Session
Oct 09, 2019 09:30 AM - 10:00 AM (UTC)
20191009T0930 20191009T1000 UTC Plenary Session—Keynote: The Questions a Judge Will Ask You After a Data Breach 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 d... Grand Ballroom Borderless Cyber USA / Washington, D.C. / 8-10 October 2019 events@oasis-open.org

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.