Due to the epidemic of identity theft, new laws, such as FACTA, FISMA, HIPAA Security Rule and the Gramm-Leach-Bliley Safeguard Rule, have been enacted. These laws can have a devastating effect on you, your company and your employees should personal information be lost or stolen as a result of an intentional or accidental data breach. 

Privacy Rights Clearinghouse provides a daily update of data breaches that have occurred since the Choice Point Data Breach on February 15, 2005, and records establish that since that date, there have been over 94 million personal records lost due to hacking, dishonest insiders, or lost lap tops since the Choice Point breach.

At Biewer & Associates, we specialize in providing employers with an affirmative defense that may mitigate your civil and criminal liability should you or your company ever experience a data breach or loss of employee, client or customer Non-Public-Information (NPI).

Security & Privacy Reality Check

Do you transact business on the Internet?

Do you collect names, addresses, phone numbers, email addresses or Social Security numbers or other personal information about your customers or employees?

Do you accept credit or debit cards?

Do you share customer information with other companies?

Do you engage in direct mail marketing or telemarketing?

Are you storing customer information for any period of time?

IF you answered “yes” to any of these questions, your Business is in serious need of a data security and privacy plan.

ID Thieves' Stealing Medical Records: ID Thieves' New Target - 11/06 

Survey Shows Businesses Don't Know the Facts on FACTA - 9/20/06

 Workplace Identity Theft: How to Curb an HR Headache - 9/19/06

Identity Theft Detroys More Than Credit, Lives - 4/5/06

Data protection weighs heavy on IT execs' minds -9/17/2008
 
Are you ready? “Red Flag” ID theft regs must fly by Nov. 1 - 9-18/2008

 

 

 Employer's Liability

The Cost of Identity Theft to Employers

 

Employees can take up to 600 hours, mainly during business hours, to restore their identities

“If you experience a security breach, 20 percent of your affected customer base will no longer do business with you, 40 percent will consider ending the relationship, and 5 percent will be hiring lawyers!”*

“When it comes to cleaning up this mess, companies on average spend 1,600 work hours per incident at a cost of $40,000 to $92,000 per victim.”*

*CIO Magazine, The Coming Pandemic, Michael Freidenberg, May 15th, 2006

 

The Fair and Accurate Credit Transaction Act
(FACTA)

Applies To Every Business And Individual Who Maintains, Or Otherwise Possesses, Consumer Information For A Business Purpose.

Employee or Customer information lost under the wrong set of circumstances may cost your company:

Federal and State Fines of $2500 per occurrence
Civil Liability of $1000 per occurrence
Class action Lawsuits with no statutory limitation
Responsible for actual losses of Individual ($92,893 Avg.) 

HIPAA Security Rule
 
April 21, 2005 - Scope broadened on April 21, 2006

Applies To Any Organization Or Individuals Who Retain Or Collect Health Information.

Medical information lost under the wrong set of circumstances may result in:

Fines up to $250,000 per occurrence
Up to 10 Years Jail Time for Executives

 

Gramm-Leach-Bliley Safeguard Rule
GLBA
 

Eight Federal Agencies and any State can enforce this law

Applies To Any Organization That Maintains Personal Financial Information Regarding It’s Clients Or Customers

Non Public Information (NPI) lost under the wrong set of circumstances may result in:
Fines up to $1,000,000 per occurrence
Up to 10 Years Jail Time for Executives
Removal of management
Executives within an organization can be held accountable
for non-compliance both civilly and criminally 


For more information click on the links below or fill out the Contact Information and someone will follow up with you within 1 business day.

Self-Employed; 8 Employees or Less

Business 8 Employees or More

Employee Coverage

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