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Affixing a dollar cost to a problem has immense benefit, and The Ponemon Institute goes to great lengths to arrive at the figures for its Annual Cost of a Data Breach Study. We painstakingly analyzed the financial impact a data breach has on a company by examining 43 different companies from a cross section of industries, all of which experienced a significant data breach affecting a range of data records representative of the norm. And knowing that a data breach may cost your company $6.65 million dollars may be all the information that is needed for a company to assign an appropriate budget to those tasked with information security. In 2008 the average total cost of a data breach was $6.65 million, up from $6.35 million last year and $4.54 in 2005. In 2008, the per-victim cost of a data breach was $202, up from $197 in 2007, and from $138 when the study was launched in 2005. Breaches involving a third party to which data had been outsourced bore a per-victim cost of $231, whereas self contained breaches bore a per-victim cost of $179. Breaches that were the result of a malicious act bore a per-victim cost of $225, whereas breaches that were the result of negligence bore a per-victim cost of $199. Breaches that were the result of a lost of stolen laptop computer bore a per-victim cost of $249, whereas breaches that did not involve a lost or stolen laptop computer bore a per-victim cost of $177. If the data breach was a first-time event for the company the per victim cost was $243, but if the company had experienced a breach previously the per victim cost was $192. The simple conclusion to these numbers is clear: the financial impact for a company that experiences a data breach is significant and rising. That finding alone may be alarming, but it seems to merely quantify what most people already knew to be true. The "wow" factor comes when you realize that we haven't simply identified the cost of an inevitable outcome, as if to tell the world, "buckle up and brac

Heartland Payment Systems CEO discusses breach, previews speech Not a week had passed after the announcement of what some have described as the largest data breach ever, when the CEO of Heartland Payment Systems, Robert Carr, began calling for better industry cooperation and new efforts directed at preventing future breaches. Recently, Carr announced that trials will begin late this summer on an end end-to-end encryption system Heartland is developing with technology partners. It is expected to be the first system of its kind in the U.S. The company is also pushing for an end-to-end encryption standard. At the upcoming Practical Privacy Series in Silicon Valley, Carr will discuss the Heartland breach and the role industry, including privacy professionals, must play to prevent future breaches. Here's a preview: IAPP: Many companies have experienced breaches. What made yours different? Ours was different because we are a processor and had passed six years of PCI audits with no problems found. Yet, within days of the most recent audit, the damage had begun. IAPP: Did you have a chief privacy office or a privacy professional on staff before your breach? Do you now? Ironically, when we learned of the Hannaford's breach, we hired a Chief Security Officer who started just three weeks before the breach began. IAPP: In the era of mandatory breach reporting, what is the trajectory of consumer reaction? As a processor it is difficult to really know this. Our customers are merchants who accept card payments. IAPP: Do you think consumers will become numb to breach notices? I believe that many are numb to so many intrusion notices. IAPP: Are breach notices good public policy? Do the notices provide an incentive for companies to change or improve practices? I don't think so. Nobody wants to get breached and the damage caused by a breach is sufficient reason for most of us to do everything we can to prevent them. IAPP: What has Heartland done differentl

Data breaches are running at record levels, according to the San Diego-based Identity Theft Resource Center, a non-profit that tracks cybercrime. ITRC says it recorded 342 data breaches from Jan. 1 through June 24, up 69% from the same period in 2007. But, like the origins and perpetrators of so many individual data breaches, mystery also lies behind the aggregated numbers. "I'm not sure that this says breaches are increasing," ITRC founder Linda Foley tells Digital Transactions News. "What we know is the reporting of breaches is increasing." A handful of states now require some disclosure of data breaches to authorities, Alaska being the most recent. And some companies that have been hacked are starting to report breaches voluntarily, Foley says. While data breaches can compromise all manner of personal and business records, they often involve credit and debit card data and bank-account information. ITRC lists five major categories of breached entities, with the so-called banking/credit/financial sector accounting for 10% of 2008's breaches. Businesses, which include physical and Internet retailers, insurance companies and other private enterprises, accounted for 36.8%. Schools accounted for 21.3%; government and military facilities, 17%; and health-care facilities, 14.9%. IRTC also categorizes breaches by how they happened, such as through hackings-break-ins into computers and related systems, insider thefts, data lost in physical transit, and by other methods. The number of 2008 hackings through late June in the banking/credit/financial category was 10-double the five for all of 2007. The estimated number of records compromised as a result was 227,864. In 2007, the reported number of compromised records at financial institutions through hackings was 83,500. But Foley says not to put too much stock in the records numbers because so many breached organizations don't know or fail to report the number of compromised records when they report a bre

A recent data breach study commissioned by the state of Maine sheds light on the losses banks experienced as a result of the data breaches at TJX and Hannaford Brother's supermarkets. The state's banks said they incurred $2.1 million in expenses related to data breaches since January 1, 2007. The Hannaford breach had the largest impact, affecting 71 financial institutions and incurring $1.6 million in expenses according to the Maine Data Breach Study. Hannaford is based in Scarborough, Maine. The TJX breach accounted for $485,000 in expenses. The report was issued by the Main Bureau of Financial Institutions in November 2008. It studied the impact of data security breaches on Maine banks and credit unions. Fifty credit unions and 25 banks headquartered in Maine responded to the survey. Financial institutions reported more than 18 million records breached last year, according to the Identity Theft Research Center. The San Diego-based nonprofit found that data breach reports across five industry sectors jumped to 656 last year, up 47% from 2007. About 12% of the reports came from financial-services firms, up from 7% in 2007. In Maine, the Hannaford breach resulted in more than $318,000 in gross fraud losses, according to data reported by 22 financial institutions. More than 700 accounts were used to buy items fraudulently, although five of the 22 institutions that suffered a fraud loss did not report the number of accounts, according to the report. The Hannaford breach cost some banks as much as $58,000 to reissue credit cards to customers. Investigation expenses cost nearly $30,000 for some banks. Communication to customers cost nearly $28,000, some banks and credit unions reported. Fraud losses of nearly $45,000 were tied to the TJX data breach. The losses were reported by six financial institutions. The expenses for reissuing credit cards cost some banks as much as $32,000. Investigation expenses were as high as $21,000 for some banks. Communication to custom

Data security represents both a new market opportunity to sell insurance coverage and a new risk - especially for independent insurance agencies that may not be compliant with data security laws or have plans in place to protect their own companies from data breaches. While data security is an evolving issue, failing to protect data can have a huge financial impact on a company. The average total per-incident cost of a data security breach was $6.65 million, compared to an average per-incident cost of $6.3 million in 2007, according to the "U.S. Cost of Data Breach Study" conducted by data protection company PGP Corp. and information management research firm The Ponemon Institute. The PGP/Ponemon study indicated that data breach incidents cost U.S. companies $202 per compromised customer record in 2008, meaning that companies incur additional costs with an abnormal churn in lost customers. More than 84 percent of data breach cases in 2008 involved organizations that had more than one data breach. And, more than 88 percent of all cases in the study involved insider negligence. The cost of lost business continued to be the most costly effect of a breach, averaging $4.59 million or $139 per record compromised. Lost business now accounts for 69 percent of data breach costs, up from 65 percent in 2007, compared to 54 percent in the 2006 study. "After four years of conducting this study, one thing remains constant: U.S. businesses continue to pay dearly for having a data breach," said Dr. Larry Ponemon, chairman and founder of The Ponemon Institute. "As costs only continue to rise, companies must remain on guard or face losing valuable customers in this unpredictable economy." Includes video: Data Security Creating Insurance Agent Sales Opportunities

Exactly one week after the Heartland Payment Systems (HPY) breach was first announced to the public, the first lawsuit has been filed against the payments processor. The class action lawsuit filed Tuesday by Chimicles & Tilellis LLP of Haverford, PA in the U.S. District Court for the District of New Jersey on behalf of Woodbury, MN resident Alicia Cooper, asserts that Heartland "made unreasonably belated and inaccurate statements concerning the breach." The complaint says Heartland does not appear to be offering any credit monitoring services or other relief to consumers affected by the breach. Chimicles & Tilellis' complaint also says in addition to the questionable timing of the announcement of its breach, (Read Heartland Class Action suit PDF) "there are materially misleading statements and omissions in Heartland's public description of the breach and its consequences." Heartland announced the breach in a press release on the same morning of President Barack Obama's inauguration. The law firm says it is suing on behalf of consumers whose sensitive financial information was compromised in the data breach at Heartland. The complaint raises a claim pursuant to the New Jersey Consumer Fraud Act, and asserts causes of action for negligence, breach of implied contract, breach of contracts to which Plaintiffs and Class members were intended third party beneficiaries, breach of fiduciary duty, and negligence. The payments processor did not disclose how many credit card account numbers were compromised as a result of the breach. Heartland is the fifth largest payment processor in the country and handles 100 million transactions per month for more than 250,000 small retailers, gas stations, restaurants and other small and midsized companies. The suit also states that Heartland only became aware of the breach after it was notified of patterns of fraudulent credit card activity by VISA and MasterCard. "Analysts have stated that the fact that Heartland did not detect th

"The Identity Theft Resource Center (ITRC) reported its annual breach data for 2009 last week, and for the first time malicious attacks were more frequently identified as the source of those breaches than human error. In its "2009 Data Breach Report," the ITRC found 498 publicly disclosed breaches last year, down from 657 the year before. The downturn could have resulted from changes in breach disclosure, rather than a real drop-off in system compromises, the organization says. Interestingly, paper breaches now account for 26 percent of data leaks, up 46 percent compared to 2008. Malicious attacks outnumbered breaches attributed to human error for the first time in the three years the report has been compiled. The business sector accounted for 41 percent of data breaches, up from 21 percent the year before. Approximately 222 million records were compromised, the organization says -- and about 130 million of those came from the single breach at Heartland Payment Systems. Out of 498 breaches, only six reported they had either encryption or other strong security features protecting the exposed data, the ITRC says . "

Expect more action from the FTC on data privacy breeach

The problem with securing data and insuring its safety is that there is simply so much more stored electronically these days that opportunities for outside hackers or insiders to steal valuable, confidential information off a company's computer systems are growing exponentially, according to those in the insurance industry who make it their business to cover this expanding exposure. Indeed, "you can take out more data in a thumb drive now than people could take out in a super-computer 10 years ago," according to Kevin Kalinich, co-national managing director for Professional Risk Solutions at Aon. The risk of a data breach is very real for companies large and small across almost any industry, noted Mr. Kalinich. He cited a report from the University of California, Berkeley, that more data has been aggregated and stored in the last three years than in the entire history of mankind. He also noted that between 75 and 85 percent of Fortune 2000 companies have suffered a "material data breach," meaning there is a growing market for those selling insurance coverage for liability and repair costs, as well as loss control services. Companies that take an "it won't happen to me" approach to securing data need only look at news headlines to see that organizations are often hit by breaches, and as more data is being stored electronically, the potential for, and impact of possible breaches increase. Princeton, N.J.-based credit and debit processing company Heartland Payment Systems reported that it had been compromised in 2008 in a breach that involved up to 100 million records, which would be tops for number of records accessed in a breach. The Heartland incident would displace the 2007 breach of TJX, in which over 45.6 million credit and debit card numbers were stolen. The TJX breach, in turn, took the record set by a breach of CardSystems Solutions in 2005.

"The United States House of Representatives took a major step this week toward enacting a national data breach notification law. H.R. 2221, the Data Accountability and Trust Act (DATA), cleared the House with a voice vote. In its current form, DATA requires businesses to notify customers and the Federal Trade Commission (FTC) if sensitive information has been exposed to a security breach. If the U.S. Senate can reconcile its own approach to data breach notification legislation with DATA, a new federal standard will emerge. If signed into law by President Barack Obama, a federal data breach ¬law would pre-empt the jumbled mass of dozens of state laws. "You'd be better served by federal legislation if the federal legislation has teeth and doesn't pre-empt the state's law," said California state senator Joe Simitian, speaking to executive editor Scot Petersen in September. "If there was a meaningful standard at the national level, I think many states would be happy to accept it." Aside from the data breach notification required by the HITECH Act, DATA would put into place the first national law of its kind. H.R. 2221 was sponsored by House Subcommittee Chair Rep. Bobby L. Rush of Illinois. The bill specifically states that: "Any person engaged in interstate commerce that owns or possesses data in electronic form containing personal information shall, following the discovery of a breach of security of the system maintained by such person that contains such data -- 1. notify each individual who is a citizen or resident of the United States whose personal information was acquired by an unauthorized person as a result of such a breach of security; and 2. notify the Federal Trade Commission."

"A new report from Javelin Strategy and Research suggests that many credit and debit card holders fail to understand the importance of a notice saying that a credit card or debit card has been breached and do not protect themselves from fraud. The company's research found that people notified of a breach of their secure data were four times as likely as the public at large of actually experiencing financial or other fraud within a year of the notification. Further, those who experienced a breach in their secure data and then an incident of fraud very rarely link the fraud to the breach. "Among consumers who received a data breach notification in the past 12 months, 19% suffered fraud, yet only 2% attributed their fraud to a data breach, the firm reported. "It seems as if consumers are not connecting the dots on data breach notifications to fraud events. They are aware, in the abstract, some personal records of theirs have been compromised, but when they become a victim of fraud they do not make the connection to the breach notification.""

Fireman's Fund Insurance Co. this week unveiled what it says is the first coverage available to small and medium-sized businesses for losses from payment card data breaches. News of the policy came on the same day that a non-profit research organization reported that data breaches increased 47% last year. The idea behind the coverage, according to Brian Gerritsen, product director at Novato, Calif.-based Fireman's, is to give peace of mind to business owners who are diligent about complying with the Payment Card Industry data-security standard, or PCI, the card networks' uniform protection rules that all card acceptors are supposed to meet. "That's what we're really trying to insure against-business owners trying to do everything in their power to protect their customers' cardholder data, but still find themselves in a data-breach situation and out of compliance with the PCI standards or other security standards that may apply to them," he tells Digital Transactions News. To get the coverage, however, a merchant must clear a number of hurdles. An applicant must already have property or liability coverage from Fireman's as well as the company's general data-breach policy first offered in 2006. The new payment card coverage is an add-on to that earlier product. Coverage is available to retailers and most other card-accepting merchants, but not schools and hospitals, says Gerritsen. The insurer excluded the former because of their high rate of data breaches and the latter because they hold extremely sensitive medical and personal data. If breached, a covered merchant could recoup about $160,000 in resulting expenses. That includes up to $50,000 for a PCI-specific forensic investigation, system scans and software, and hardware upgrades to get card security up to snuff. The policy also provides up to $100,000, with a 5% deductible, for PCI fines-"contractual penalties" in industry lingo-and related costs such as chargebacks and issuersâ€

Compared to other key corporate executives, CEOs appear to underestimate the IT security risks faced by their own organizations, according to a survey of C-level executives released today by the Ponemon Institute. The Ponemon survey (download PDF) of 213 CEOs, CIOs, COOs and other senior executives reveals what appears to be a perception gap between CEOs and other senior managers concerning information security issues. For instance, 48% of CEOs surveyed said they believe hackers rarely try to access corporate data. On the other hand, some 53% of other C-level executives believe that their company's data is under attack on a daily or even hourly basis. The survey also found that the top executives were less aware of specific security incidents at their companies than other C-level executives and are more confident that data breaches can be easily avoided. Ponemon found that CEOs tend to view data protection efforts as vital to maintaining good customer satisfaction levels and to the company's brand image. The other managers, however, were more likely to say that the most important role for data security efforts is to satisfy regulatory requirements. The survey also found that CEOs and other top managers differed in their opinion of who is responsible for protecting corporate data. While eight out of 10 respondents said they believe there is one person responsible for data protection in their organization, there was a sharp difference of opinion on just who that person was. More than half of the CEOs said that CIOs are responsible for protecting data at their companies; only 24% of other senior managers felt the same way. And 85% of respondents said someone else would be held responsible for a data breach. "On the issue of accountability, we found that while people acknowledged that data breaches were a problem, very few people felt that if [their company] suffered a breach, they would be held responsible," said Larry Ponemon, founder of the Ponemon Institute.

Compared to other key corporate executives, CEOs appear to underestimate the IT security risks faced by their own organizations, according to a survey of C-level executives released today by the Ponemon Institute. The Ponemon survey (download PDF) of 213 CEOs, CIOs, COOs and other senior executives reveals what appears to be a perception gap between CEOs and other senior managers concerning information security issues. For instance, 48% of CEOs surveyed said they believe hackers rarely try to access corporate data. On the other hand, some 53% of other C-level executives believe that their company's data is under attack on a daily or even hourly basis. The survey also found that the top executives were less aware of specific security incidents at their companies than other C-level executives and are more confident that data breaches can be easily avoided. Ponemon found that CEOs tend to view data protection efforts as vital to maintaining good customer satisfaction levels and to the company's brand image. The other managers, however, were more likely to say that the most important role for data security efforts is to satisfy regulatory requirements. The survey also found that CEOs and other top managers differed in their opinion of who is responsible for protecting corporate data. While eight out of 10 respondents said they believe there is one person responsible for data protection in their organization, there was a sharp difference of opinion on just who that person was. More than half of the CEOs said that CIOs are responsible for protecting data at their companies; only 24% of other senior managers felt the same way. And 85% of respondents said someone else would be held responsible for a data breach. "On the issue of accountability, we found that while people acknowledged that data breaches were a problem, very few people felt that if [their company] suffered a breach, they would be held responsible," said Larry Ponemon, founder of the Ponemon Institute.

Identity theft concerns are focused on the security and necessity of the collection process. Collecting personal information just because you can is unsafe. Organizations can reduce privacy risks by not collecting unnecessary personal info. Once the data gets into the data life cycle pipeline, the cost of managing and destroying it escalates. The Federal Trade Commission estimates that as many as 9 million people have their identities stolen every year. According to the Privacy Rights Clearinghouse, more than 200 million instances of data breaches have occurred since the beginning of 2005, and they show no signs of letting up. In the first quarter of 2008 alone, more than 85 million incidents were reported. The causes of data breaches run the gamut: Hackers get unencrypted, transmitted data and data at rest; laptops are stolen or lost; storage Relevant Products/Services devices are lost by third-party shipping companies; flash drives or PDAs are left lying around; Social Security numbers are accidentally printed on envelopes; or data is found on discarded computers. This article examines the organizational risks to CPAs and their clients or corporate employers of improperly managed data throughout the data life cycle. It also discusses best data management practices and proper procedures for responding to a data breach. Data breaches, whatever the cause, are costly. According to a study by the Ponemon Institute, the average cost of a data breach in 2007 was $6.3 million. The average cost to an organization per record compromised is about $197, which is typically spent on phone calls for customer notification, providing free credit monitoring, discounts on membership fees, or discounts on merchandise to make up for the security Relevant Products/Services breach. Some organizations also experience an increase in customer turnover. The organization typically spends additional money in data protection Relevant Products/Services enhancements. Companies sanctioned by

Congress has been dithering over the adoption of a federal data security breach notice law for the last several years without coming to an agreement on a national standard for reporting breaches in the security of personal and financial data, but on February 17, data breach notice provisions applicable to health information were signed into law as part of the HITECH Act provisions of the massive economic stimulus legislation, H.R. 1 (111th Cong., 1st Sess. Feb. 17, 2009). Beginning no later than September 16 of this year, "covered entities" under the Health Insurance Portability and Accountability Act (HIPAA) will be required to give notice of breaches in the security of protected health information, and "business associates" of HIPAA-covered entities will be required to report such breaches to the covered entities. §13402(a) & (b). Currently, California and Arkansas are the only states that require that notification be given in the case of a breach in the security of medical or health insurance information. The HIPAA Privacy Rule currently does not contain a requirement that individuals be notified in the event of such as breach. However, some covered entities interpret the existing HIPAA Privacy Rule requirement that covered entities mitigate harmful effects of uses or disclosures of health information in violation of either the Privacy Rule or the entity's policies and procedures as suggesting that such notice be given, and many covered entities currently provide such notification.

Heartland Payment Systems Inc., which announced a breach of potentially millions of credit and debit cards last month, said it plans to vigorously defend itself against lawsuits filed as a result of the data breach. In a filing with the Securities and Exchange Commission, Heartland Chairman and CEO Robert Carr acknowledged the claims that cardholders, card issuers, the credit card brands, regulators, and others have asserted, or may assert, against the payment processor as a result of the breach and the impact it could have on the business. Several class action lawsuits have been filed against Heartland, claiming that the payment processor issued belated and inaccurate statements when it announced a security breach of its systems. Carr He said the company could not "reasonably estimate the potential impact of the breach on the day-to-day operations" of the business. "We intend to vigorously defend any such claims and we believe we have meritorious defenses to those claims that have been asserted to date," Carr said. "At this time we do not have information that would enable us to reasonably estimate the amount of losses we might incur in connection with such claims." The Princeton, N.J.-based payment processor announced Jan. 20 that its systems were breached last year when intruders installed malware to pilfer data crossing the company's network. Since then, Sherriff's authorities in Tallahassee, Fla. arrested three suspects for using stolen credit card numbers to make purchases at local Wal-Mart stores. The credit card numbers used by the trio were allegedly stolen from the Heartland processing center in New Jersey. Carr said the company's sales force was doing well despite the obvious challenges caused by the combination of the downturn in the economy and the data security breach. The payment processor's current customer base has responded positively, he said. "In the weeks since our announcement of the breach, we have installed more margin, and have a bit

It's been four years since data broker ChoicePoint acknowledged the data security breach that put it in the middle of a media firestorm and pushed data protection to the top of the infosecurity community's priority list. Since then, the business world has made plenty of progress hardening its data defenses -- thanks in part to industry standards like PCI DSS and data breach disclosure laws (click to see state-by-state map) now in place. But the latest data breach to grab headlines illustrates how vulnerable organizations remain to devastating network intrusions. Heartland Payment Systems, the Princeton, N.J.-based provider of credit and debit processing, payment and check management services, admitted Tuesday it was the victim of a data breach some quickly began citing as the largest of its kind. The company discovered last week that malware compromised card data across its network, after Visa and MasterCard alerted Heartland to sinister activity surrounding processed card transactions. The Shadow of ChoicePoint The Heartland breach comes roughly four years after ChoicePoint announced -- as required by California's SB 1386 data breach disclosure law -- that conmen stole personal financial records of more than 163,000 consumers by setting up fake business requests. Since then, much bigger incidents have occurred, most notably the TJX data breach that exposed more than 45 million debit and credit card holders to identity fraud. Heartland President and CFO Robert H.B. Baldwin Jr. said Tuesday that 100 million card transactions occur each month on the compromised systems used to provide processing to merchants and businesses. As of Tuesday, the Privacy Rights Clearinghouse estimated that a total of 251,164,141 sensitive records had been compromised since early 2005. Up to 15 separate cases have been reported since Jan. 1, 2009.

Payment processor Heartland Payment Systems has been sued over a data breach it disclosed publicly on Inauguration Day last week. The lawsuit, filed on Tuesday in U.S. District Court in Trenton, N.J., alleges that Heartland failed to adequately safeguard the compromised consumer data, did not notify consumers about the breach in a timely manner as required by law, and has not offered to compensate consumers for costs they may incur in protecting themselves from identity fraud. In a statement that coincided with President Barack Obama's inauguration events, Heartland said the breach occurred last year but that it found evidence of the intrusion only in the previous week and immediately notified law enforcement and credit card companies. Heartland was alerted in late October to suspicious activity surrounding processed card transactions by Visa and MasterCard and hired forensic auditors who uncovered malicious software that compromised data in the company's network, said Robert H.B. Baldwin Jr., chief financial officer of Heartland, last week. The lawsuit seeks damages and relief for the "inexplicable delay, questionable timing, and inaccuracies concerning the disclosures" with regard to the data breach, which is believed to be the largest in U.S. history. Heartland executives have declined to specify how many consumers or accounts were affected. The company handles 100 million transactions per month for more than 250,000 merchants. The lawsuit, first reported by SearchSecurity news site, also accuses Heartland of negligence in taking more than two months to determine the existence and scope of the breach and criticizes the company for failing to identify which merchants were affected by the breach. The suit was filed on behalf of Woodbury, Minn., resident Alicia Cooper, who was notified last week by her credit union that a card associated with her account was included in the breach. It seeks class action status. A Heartland spokesman said the company could no

Purdue University last month reported its seventh data breach in the past four years. But Purdue is hardly alone. According to my records, over 300 publicized privacy incidents have occurred at U.S. institutions of higher learning since 2001, with at least 53 colleges and universities experiencing multiple breaches (see table at end of article). The regular stream of university data-breach reports has prompted Adam Dodge, assistant director for information security at Eastern Illinois University, to devote a blog - Educational Security Incidents - to the topic. When I last covered the issue four years ago (see "Security breaches challenge academia's 'open society' "), universities were the leading sector for publicized breaches. The same is true today. What's going on? Why haven't things changed? John Correlli of Los Angeles-based JMC Privacy Consulting Group has some answers. Correlli recently published a detailed analysis of the topic, "Breaches in the Academia Sector." Correlli identifies the top three root causes of university breaches: unauthorized access, usually inside jobs; accidental online exposures; and stolen laptops. "Privacy governance in academia is far too frequently thrown into the laps of the IT folks, who are then told, implicitly or explicitly, that privacy isn't a priority until it's a problem," Correlli told me.

Rogue employees and hackers were the most commonly cited sources of data breaches reported during the first half of 2009, according to figures released this week by the Identity Theft Resource Center, a San Diego based nonprofit. The ID Theft Center found that of the roughly 250 data breaches publicly reported in the United States between Jan. 1 and Jun. 12, victims blamed the largest share of incidents on theft by employees (18.4 percent) and hacking (18 percent). Taken together, breaches attributed to these two types of malicious attacks have increased about 10 percent over the same period in 2008. Some 44 states and the District of Columbia now have laws requiring entities that experience a breach to publicly disclose that fact. Yet, few breached entities report having done anything to safeguard data in the event that it is lost or stolen. The ITRC found only a single breach in the first half of 2009 in which the victim reported that the lost or stolen data was protected by encryption technology. "It is a dual problem here undeterred by law or common sense," said ITRC co-founder Linda Foley. "You would think if all these organizations have to notify, that they would take some steps to make sure their data doesn't get exposed in the first place."

In an indication of the legal troubles that companies can find themselves in over data breaches these days, several banks and credit unions have begun suing Heartland Payment Systems Inc. over its recently disclosed data breach. In the six weeks since the potentially massive breach was disclosed, eight banks and credit unions have filed lawsuits against Heartland over its alleged failure to take adequate measures for protecting credit and debt cardholder data. Heartland said on Jan. 20 that unknown intruders had broken into its network sometime last year and accessed payment card data belonging to an undisclosed number of customers. The breach, thought to possibly be the biggest ever disclosed, has already affected over 500 financial institutions, including a handful in the Bahamas, Bermuda and Canada. The lawsuits seek compensation from Heartland for the costs that the financial institutions said they've had to bear in notifying affected customers about the breach and in reissuing new payment cards. The lawsuits also claim damages from Heartland for costs of the alleged fraud that the banks claimed have resulted from the breach.