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Navigating the SEC's New Cybersecurity and Incident Disclosure Rules

January 11, 2024
4
 Min Read
Compliance

Recently, the U.S Securities and Exchange Commission (SEC) had adopted stringent cybersecurity and incident disclosure rules, placing a heightened emphasis on the imperative need for robust incident detection, analysis, and reporting processes.

Following these new rules, public companies are finding themselves under a microscope, obligated to promptly disclose any cybersecurity incident deemed material. This disclosure mandates a detailed account of the incident's nature, scope, and timing within a stringent 4-business-day window. In essence, companies are now required to offer swift detection, thorough analysis, and the delivery of a comprehensive report on the potential impact of a data breach for shareholders and investors.

SEC's Decisive Actions in 2023: A Wake-Up Call for CISOs

The SEC's resolute stance on cybersecurity became clear with two major actions in the latter half of 2023. In July, the SEC implemented rules, effective December 18, mandating the disclosure of "material" threat/breach incidents within a four-day window. Simultaneously, annual reporting on cybersecurity risk management, strategy, and governance became a new norm. These actions underscore the SEC's commitment to getting tough on cybersecurity, prompting Chief Information Security Officers (CISOs) and their teams to broaden their focus to the boardroom. The evolving threat landscape now demands a business-centric approach, aligning cybersecurity concerns with overarching organizational strategies.

Adding weight to the SEC's commitment, in October, SolarWinds Corporation and its CISO, Timothy G. Brown was charged with fraud and internal control failures relating to allegedly known cybersecurity risks and vulnerabilities. This marked a historic moment, as it was the first time the SEC brought cybersecurity enforcement claims against an individual. SolarWinds' case, where the company disclosed only "generic and hypothetical risks" while facing specific security issues, serves as a stark reminder of the SEC's intolerance towards non-disclosure and intentional fraud in the cybersecurity domain. It's evident that the SEC's cybersecurity mandates are reshaping compliance norms.

This blog will delve into the intricacies of these rules, their implications, and how organizations, led by their CISOs, can proactively meet the SEC's expectations.

Implications for Compliance Professionals

Striking the Balance: Over-Reporting vs. Under-Reporting

Compliance professionals must navigate the fine line between over-reporting and under-reporting, a task akin to a high-stakes tightrope walk.

Over-Reporting: The consequences of hyper-vigilance can't be underestimated. Reporting every incident, regardless of its material impact, might instigate unwarranted panic in the market. This overreaction could lead to a domino effect, causing a downturn in stock prices and inflicting reputational damage.

Under-Reporting: On the flip side, failing to report within the prescribed time frame has its own set of perils. Regulatory penalties loom large, and the erosion of investor trust becomes an imminent risk. The SEC's strict adherence to disclosure timelines emphasizes the need for precision and timeliness in reporting.

Market Perception

Shareholder & Investor Trust: Balancing reporting accuracy is crucial for maintaining shareholder and investor trust. Over-reporting may breed skepticism and lead to potential divestment, while delayed reporting can erode trust and raise questions about the organization's cybersecurity commitment.

Regulatory Compliance: The SEC mandates timely and accurate reporting. Failure to comply incurs penalties, impacting both finances and the organization's regulatory standing. Regulatory actions, combined with market fallout, can significantly affect the long-term reputation of the organization.

Strategies for Success

The Day Before - Minimize the Impact of the Data Breach

To minimize the impact of a data breach, the first crucial step is knowing the locations of your sensitive data. Identifying and mapping this data within your infrastructure, along with proper classification, lays the foundation for effective protection and risk mitigation.

Data Security Posture Management (DSPM) solutions provide advanced tools and processes to actively monitor, analyze, and fortify the security posture of your sensitive data, ensuring robust protection in the face of evolving threats.

  • Discovers any piece of data you have and classifies the different data types in your organization.
  • Automatically detects the risks of your sensitive data (including data movement) and remediation. 
  • Aligns your data protection practices with security regulations and best practices. Incorporates compliance measures for handling personally identifiable information (PII), protected health information (PHI), credentials, and other sensitive data.

From encryption to access controls, adopting a comprehensive security approach safeguards your organization against potential breaches. It’s crucial to conduct a thorough risk assessment to measure vulnerabilities and potential threats to your data. Understanding the risks allows for targeted and proactive risk management strategies.

Security posture score, which includes the data and issues overview, highlighting the top data classes at risk.
An example of a security posture score, which includes the data and issues overview, highlighting the top data classes at risk.

The Day After: Maximizing the Pace to Handle the Impact (reputation, money, recovery, etc)

In the aftermath of a breach, having a “Data Catalog” with data sensitivity ranking helps with understanding the materiality of the breach and quick resolution and reporting within the 4-day window.

Swift incident response is also paramount; and this can be accomplished by establishing a rapid plan for mitigating the impact on reputation, finances, and overall recovery. This is where the data catalog comes into play again, by helping you understand which data was extracted, facilitating quick and accurate resolution. The next step for the ‘day after’ is actively managing your organization's reputation post-incident through transparent communication and decisive action, which contributes to trust and credibility rebuilding.

A complete catalog, showing the data stores, the account, the sensitivity and category of the data, as well as the data context.
An example of a complete catalog, showing the data stores, the account, the sensitivity and category of the data, as well as the data context.

Finally, always conduct a comprehensive post-incident analysis for valuable insights, and enhance future security measures through a continuous improvement cycle. Building resilience into your cybersecurity framework by proactively adapting and fortifying defenses, best positions your organization to withstand future challenges. Adhering to these strategies enables organizations to navigate the cybersecurity landscape effectively, minimizing risks, ensuring compliance, and enhancing their ability to respond swiftly to potential incidents.

Empowering Compliance in the Face of SEC Regulations with Sentra’s DSPM

Sentra’s DSPM solution both discovers and classifies sensitive data, and aligns seamlessly with SEC's cybersecurity and incident disclosure rules. The real-time monitoring swiftly identifies potential breaches, offering a critical head start within the 4-day disclosure window.

Efficient impact analysis enables compliance professionals to gauge materiality and consequences for shareholders during reporting. Sentra's DSPM streamlines incident analysis processes, adapting to each organization's needs. Having a "Data Catalog" aids in understanding breach materiality for quick resolution and reporting, while detailed reports ensure SEC compliance.

By integrating Sentra, organizations meet regulatory demands, fortify data security, and navigate evolving compliance requirements. As the SEC shapes the cybersecurity landscape, Sentra guides towards a future where proactive incident management is a strategic imperative.

To learn more, schedule a demo with one of our experts.

Meni is an experienced product manager and the former founder of Pixibots (A mobile applications studio). In the past 15 years, he gained expertise in various industries such as: e-commerce, cloud management, dev-tools, mobile games, and more. He is passionate about delivering high quality technical products, that are intuitive and easy to use.

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Team Sentra
Team Sentra
December 9, 2024
3
Min Read
Data Security

8 Holiday Data Security Tips for Businesses

8 Holiday Data Security Tips for Businesses

As the end of the year approaches and the holiday season brings a slight respite to many businesses, it's the perfect time to review and strengthen your data security practices. With fewer employees in the office and a natural dip in activity, the holidays present an opportunity to take proactive steps that can safeguard your organization in the new year. From revisiting access permissions to guarding sensitive data access during downtime, these tips will help you ensure that your data remains protected, even when things are quieter.

Here's how you can bolster your business’s security efforts before the year ends:

  1. Review Access and Permissions Before the New Year
    Take advantage of the holiday downtime to review data access permissions in your systems. Ensure employees only have access to the data they need, and revoke permissions for users who no longer require them (or worse, are no longer employees). It's a proactive way to start the new year securely.
  2. Limit Access to Sensitive Data During Holiday Downtime
    With many staff members out of the office, review who has access to sensitive data. Temporarily restrict access to critical systems and data for those not on active duty to minimize the risk of accidental or malicious data exposure during the holidays.
  3. Have a Data Usage Policy
    With the holidays bringing a mix of time off and remote work, it’s a good idea to revisit your data usage policy. Creating and maintaining a data usage policy ensures clear guidelines for who can access what data, when, and how, especially during the busy holiday season when staff availability may be lower. By setting clear rules, you can help prevent unauthorized access or misuse, ensuring that your data remains secure throughout the holidays, and all the way to 2025.
  4. Eliminate Unnecessary Data to Reduce Shadow Data Risks
    Data security risks increase as long as data remains accessible. With the holiday season bringing potential distractions, it's a great time to review and delete any unnecessary sensitive data, such as PII or PHI, to prevent shadow data from posing a security risk as the year wraps up with the new year approaching.
  5. Apply Proper Hygiene to Protect Sensitive Data
    For sensitive data that must exist, be certain to apply proper hygiene such as masking/de-identification, encryption, logging, etc., to ensure the data isn’t improperly disclosed. With holiday sales, year-end reporting, and customer gift transactions in full swing, ensuring sensitive data is secure is more important than ever. Many stores have native tools that can assist (e.g., Snowflake DDM, Purview MIP, etc.).
  6. Monitor Third-Party Data Access
    Unchecked third-party access can lead to data breaches, financial loss, and reputational damage. The holidays often mean new partnerships or vendors handling seasonal activities like marketing campaigns or order fulfillment. Keep track of how vendors collect, use, and share your data. Create an inventory of vendors and map their data access to ensure proper oversight, especially during this busy time.
  7. Monitor Data Movement and Transformations
    Data is dynamic and constantly on the move. Monitor whenever data is copied, moved from one environment to another, crosses regulated perimeters (e.g., GDPR), or is ETL-processed, as these activities may introduce new sensitive data vulnerabilities. The holiday rush often involves increased data activity for promotions, logistics, and end-of-year tasks, making it crucial to ensure new data locations are secure and configurations are correct.
  8. Continuously Monitor for New Data Threats
    Despite our best protective measures, bad things happen. A user’s credentials are compromised. A partner accesses sensitive information. An intruder gains access to our network. A disgruntled employee steals secrets. The holiday season’s unique pressures and distractions increase the likelihood of these incidents. Watch for anomalies by continually monitoring data activity and alerting whenever suspicious things occur—so you can react swiftly to prevent damage or leakage, even amid the holiday bustle. A user’s credentials are compromised. A partner accesses sensitive information. An intruder gains access to our network. A disgruntled employee steals secrets. Watch for these anomalies by continually monitoring data activity and alerting whenever suspicious things occur - so you can react swiftly to prevent damage or leakage.

Wrapping Up the Year with Stronger Data Security

By taking the time to review and update your data security practices before the year wraps up, you can start the new year with confidence, knowing that your systems are secure and your data is protected. Implementing these simple but effective measures will help mitigate risks and set a strong foundation for 2025. Don't let the holiday season be an excuse for lax security - use this time wisely to ensure your organization is prepared for any data security challenges the new year may bring.

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Romi Minin
Romi Minin
December 5, 2024
3
Min Read
Data Security

Top Data Security Resolutions

Top Data Security Resolutions

As we reflect on 2024, a year marked by a surge in cyber attacks, we are reminded of the critical importance of prioritizing data security. Widespread breaches in various industries, such as the significant Ticketmaster data breach impacting 560 million users, have highlighted vulnerabilities and led to both financial losses and damage to reputations. In response, regulatory bodies have imposed strict penalties for non-compliance, emphasizing the importance of aligning security practices with industry-specific regulations.

By September 2024, GDPR fines totaled approximately €2.41 billion, significantly surpassing the total penalties issued throughout 2023. This reflects stronger enforcement across sectors and a heightened focus on data protection compliance. Entering 2025, the dynamic threat landscape demands a proactive approach. Technology's rapid advancement and cybercriminals' adaptability require organizations to stay ahead. The importance of bolstering data security cannot be overstated, given potential legal consequences, reputational risks, and disruptions to business operations that a data breach can cause.

The data security resolutions for 2025 outlined below serve as a guide to fortify defenses effectively. Compliance with regulations, reducing attack surfaces, governing data access, safeguarding AI models, and ensuring data catalog integrity are crucial steps. Adopting these resolutions enables organizations to navigate the complexities of data security, mitigating risks and proactively addressing the evolving threat landscape.

Adhere to Data Security and Compliance Regulations

The first data security resolution you should keep in mind is aligning your data security practices with industry-specific data regulations and standards. Data protection regulatory requirements are becoming more stringent (for example, note the recent SEC requirement of public US companies for notification within 4 days of a material breach). Penalties for non compliance are also increasing.

With explosive growth of cloud data it is incumbent upon regulated organizations to facilitate effective data security controls and to while keeping pace with the dynamic business climate. One way to achieve this is through adopting Data Security Posture Management (DSPM) which automates cloud-native discovery and classification, improving accuracy and reporting timeliness. Sentra supports more than a dozen leading frameworks, for policy enforcement and streamlined reporting.

Reduce Attack Surface by Protecting Shadow Data and Enforcing Data Lifecycle Policies

As cloud adoption accelerates, data proliferates. This data sprawl, also known as shadow data, brings with it new risks and exposures. When a developer moves a copy of the production database into a lower environment for testing purposes, do all the same security controls and usage policies travel with it? Likely not. 

Organizations must institute security controls that stay with the data - no matter where it goes. Additionally, automating redundant, trivial, obsolete (ROT) data policies can offload the arduous task of ‘policing’ data security, ensuring data remains protected at all times and allowing the business to innovate safely. This has an added bonus of avoiding unnecessary data storage expenditure.

Implement Least Privilege Access for Sensitive Data

Organizations can reduce their attack surface by limiting access to sensitive information. This applies equally to users, applications, and machines (identities). Data Access Governance (DAG) offers a way to implement policies that alert on and can enforce least privilege data access automatically. This has become increasingly important as companies build cloud-native applications, with complex supply chain / ecosystem partners, to improve customer experience. DAG often works in concert with IAM systems, providing added context regarding data sensitivity to better inform access decisions. DAG is also useful if a breach occurs - allowing responders to rapidly determine the full impact and reach (blast radius) of an exposure event to more quickly contain damages.

Protect Large Language Models (LLMs) Training by Detecting Security Risks

AI holds immense potential to transform our world, but its development and deployment must be accompanied by a steadfast commitment to data integrity and privacy. Protecting the integrity and privacy of data in Large Language Models (LLMs) is essential for building responsible and ethical AI applications. By implementing data protection best practices, organizations can mitigate the risks associated with data leakage, unauthorized access, and bias/data corruption. Sentra's Data Security Posture Management (DSPM) solution provides a comprehensive approach to data security and privacy, enabling organizations to develop and deploy LLMs with speed and confidence.

Ensure the Integrity of Your Data Catalogs

Enrich data catalog accuracy for improved governance with Sentra's classification labels and automatic discovery. Companies with data catalogs (from leading providers such as Alation, Collibra, Atlan) and data catalog initiatives struggle to keep pace with the rapid movement of their data to the cloud and the dynamic nature of cloud data and data stores. DSPM automates the discovery and classification process - and can do so at immense scale - so that organizations can accurately know at any time what data they have, where it is located, and what its security posture is. DSPM also provides usage context (owner, top users, access frequency, etc.) that enables validation of information in data catalogs, ensuring they remain current, accurate, and trustworthy as the authoritative source for their organization. This empowers organizations to maintain security and ensure the proper utilization of their most valuable asset—data!

How Sentra’s DSPM Can Help Achieve Your 2025 Data Security Resolutions

By embracing these resolutions, organizations can gain a holistic framework to fortify their data security posture. This approach emphasizes understanding, implementing, and adapting these resolutions as practical steps toward resilience in the face of an ever-evolving threat landscape. Staying committed to these data security resolutions can be challenging, as nearly 80% of individuals tend to abandon their New Year’s resolutions by February. However, having Sentra’s Data Security Posture Management (DSPM) by your side in 2025 ensures that adhering to these data security resolutions and refining your organization's data security strategy becomes guaranteed.

To learn more, schedule a demo with one of our experts.

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Gilad Golani
Gilad Golani
November 28, 2024
3
Min Read
Data Security

New Healthcare Cyber Regulations: What Security Teams Need to Know

New Healthcare Cyber Regulations: What Security Teams Need to Know

Why New Healthcare Cybersecurity Regulations Are Critical

In today’s healthcare landscape, cyberattacks on hospitals and health services have become increasingly common and devastating. For organizations that handle vast amounts of sensitive patient information, a single breach can mean exposing millions of records, causing not only financial repercussions but also risking patient privacy, trust, and care continuity.

Top Data Breaches in Hospitals in 2024: A Year of Costly Cyber Incidents

The year 2024 has seen a series of high-profile data breaches in the healthcare sector, exposing critical vulnerabilities and emphasizing the urgent need for stronger cybersecurity measures. Among the most significant incidents was the breach at Change Healthcare, Inc., which resulted in the exposure of 100 million records. As one of the largest healthcare data breaches in history, this event highlighted the challenges of securing patient data at scale and the immense risks posed by hacking incidents. Similarly, HealthEquity, Inc. suffered a breach impacting 4.3 million individuals, highlighting the vulnerabilities associated with healthcare business associates who manage data for multiple organizations. Finally, Concentra Health Services, Inc. experienced a breach that compromised nearly 4 million patient records, raising critical concerns about the adequacy of cybersecurity defenses in healthcare facilities. These incidents have significantly impacted patients and providers alike, highlighting the urgent need for robust cybersecurity measures and stricter regulations to protect sensitive data.

New York’s New Cybersecurity Reporting Requirements for Hospitals

In response to the growing threat of cyberattacks, many healthcare organizations and communities are implementing stronger cybersecurity protections. In October, New York State took a significant step by introducing new cybersecurity regulations for general hospitals aimed at safeguarding patient data and reinforcing security measures across healthcare systems. Under these regulations, hospitals in New York must report any “material cybersecurity incident” to the New York State Department of Health (NYSDOH) within 72 hours of discovery.

This 72-hour reporting window aligns with other global regulatory frameworks, such as the European Union’s GDPR and the SEC’s requirements for public companies. However, its application in healthcare represents a critical shift, ensuring incidents are addressed and reported promptly. The rapid reporting requirement aims to:

  • Enable the NYSDOH to assess and respond to cyber incidents across the state’s healthcare network.
  • Help mitigate potential fallout by ensuring hospitals promptly address vulnerabilities.
  • Protect patients by fostering transparency around data breaches and associated risks.

For hospitals, meeting this requirement means refining incident response protocols to act swiftly upon detecting a breach. Compliance with these regulations not only safeguards patient data but also strengthens trust in healthcare services.

With these regulations, New York is setting a precedent that could reshape healthcare cybersecurity standards nationwide. By emphasizing proactive cybersecurity and quick incident response, the state is establishing a higher bar for protecting sensitive data in healthcare organizations, inspiring other states to potentially follow as well.

HIPAA Updates and the Role of HHS

While New York leads with immediate, state-level action, the Department of Health and Human Services (HHS) is also working to update the HIPAA Security Rule with new cybersecurity standards. These updates, expected to be proposed later this year, will follow a lengthy regulatory process, including a notice of proposed rulemaking, a public comment period, and the eventual issuance of a final rule. Once finalized, healthcare organizations will have time to comply.

In the interim, the HHS has outlined voluntary cybersecurity goals, announced in January 2024. While these recommendations are a step forward, they lack the urgency and enforceability of New York’s state-level regulations. The contrast between the swift action in New York and the slower federal process highlights the critical role state initiatives play in bridging gaps in patient data protection.

Together, these developments—New York’s rapid reporting requirements and the ongoing HIPAA updates—show a growing recognition of the need for stronger cybersecurity measures in healthcare. They emphasize the importance of immediate action at the state level while federal efforts progress toward long-term improvements in data security standards.

Penalties for Healthcare Cybersecurity Non-Compliance in NY

Non-compliance with any health law or regulation in New York State, including cybersecurity requirements, may result in penalties. However, the primary goal of these regulations is not to impose financial penalties but to ensure that healthcare facilities are equipped with the necessary resources and guidance to defend against cyberattacks. Under Section 12 of health law regulations in New York State, violations can result in civil penalties of up to $2,000 per offense, with increased fines for more severe or repeated infractions. If a violation is repeated within 12 months and poses a serious health threat, the fine can rise to $5,000. For violations directly causing serious physical harm to a patient, penalties may reach $10,000. A portion of fines exceeding $2,000 is allocated to the Patient Safety Center to support its initiatives. These penalties aim to ensure compliance, with enforcement actions carried out by the Commissioner or the Attorney General. Additionally, penalties may be negotiated or settled under certain circumstances, providing flexibility while maintaining accountability.

Importance of Prioritizing Breach Reporting

With the rapid digitization of healthcare services, regulations are expected to tighten significantly in the coming years. HIPAA, in particular, is anticipated to evolve with stronger privacy protections and expanded rules to address emerging challenges.

Healthcare providers must make cybersecurity a top priority to protect patients from cyber threats. This involves adopting proactive risk assessments, implementing strong data protection strategies, and optimizing breach detection, response, and reporting capabilities to meet regulatory requirements effectively.

Data Security Platforms (DSPs) are essential for safeguarding sensitive healthcare data. These platforms enable organizations to locate and classify patient information, such as lab results, prescriptions, personally identifiable information, or medical images - across multiple formats and environments, ensuring comprehensive protection and regulatory compliance.

Breach Reporting With Sentra

A proper classification solution is essential for understanding the nature and sensitivity of your data at all times. With Sentra, you gain a clear, real-time view of your data's classification, making it easier to determine if sensitive data was involved in a breach, identify the types of data affected, and track who had access to it. This ensures that your breach reports are accurate, comprehensive, and aligned with regulatory requirements.

Sentra can help you to adhere to many compliance frameworks, including PCI, GDPR, SOC2 and more, that may be applicable to your sensitive data as it travels around the organization. It automatically will alert you to violations, provide insight into the impact of any compromise, help you to prioritize associated risks, and integrate with common IR tools to streamline remediation. Sentra automates these processes so you can focus energies on eliminating risks.

Data Breach Report November 2024

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