Subscribe to our e-mail newsletters
For more info on a specific newsletter, click the title. Details will be displayed in a new window.
Finance
Security
Computerworld Daily News (First Look and Wrap-Up)
Computerworld Blogs Newsletter
The Weekly Top 10
More E-Mail Newsletters 
Computerworld 2007Subscribe to Computerworld
40 years of the most authoritative source of news and information for IT leaders.

Companies urged to maintain privacy, security or face legal trouble

 

Sign up to receive Security Resource Alerts

May 01, 2002 (Computerworld) -- Companies face many snares, some of which are hidden, when protecting sensitive information and maintaining security, said lawyers addressing the Massachusetts Software and Internet Council today.

Security and privacy issues are mixed together, and companies must understand that their security and ability to maintain privacy are only as good as those of others who have access to their systems.

"I was amused to read in the paper that the Harvard Medical School was giving PalmPilots out to all its medical students," said David S. Szabo, a lawyer at Nutter, McClennen & Fish LLP in Boston. "This is a radioactive device filled with medical data."

Szabo said that it's impossible to guessthe school's liability if one of the devices were lost or stolen. Privacy rules laid out in the Health Insurance Portability and Accountability Act say such data has to be protected. A question, he said, then arises: What would constitute protection in such a case?

Donna Sherry, a lawyer at Boston-based Goodwin Procter LLP, said companies need to keep liability in mind when they send private information via e-mail.

All the lawyers at the conference said they consider e-mail open to privacy and security risks, which points to the need for clear policies for e-mail and Internet usage.

"When you send an e-mail, it goes 20 different places and it is stored forever," said Nicholas M. Gess, a lawyer at Boston-based Bingham Dana LLP.

Szabo advised users to consider who will read the e-mail before sending one containing sensitive information.

Sherry cited a case in which an information services manager at a small, privately held company was reading incoming e-mail from a larger, publicly held company that was looking into buying it. The manager found the details of the sale and other confidential business information and told his colleagues what he had learned. If the information had gone public, there could have been wider consequences, including problems with the Securities and Exchange Commission, Sherry said.

Companies should draft clear policies for Internet and e-mail usage and make sure that employees get copies of these policies at least twice a year, said Neil McKittrick, a lawyer at Hill & Barlow of Boston.

He said every new employee should be given a copy of the policy when he starts, adding that the company should follow up with updated versions of the policy at least every six months.

When one member of the audience asked if there is an authority or anyone who can define the "industry standard" for dealing with these issues, attorney Gene K. Landy, at Boston-based Ruberto, Israel & Weiner PC, laughed.

"There is someone who knows what that means, and that's a jury," Landy joked. He followed the joke by suggesting that people visit a number of sites on the Web, including the SANS Institute, for information about privacy and security issues.

The attorneys said potential pitfalls remain for companies, including employees who use their own equipment on the job.

Sensitive data downloaded to a handheld device or a personal laptop may be beyond the reach of a company's security measures, but the company might still find itself liable for any leaks that arise, the attorneys said.

Sherry said companies should consider the security measures implemented by their clients, partners, contractors, Web site hosts and Internet service providers. Company security is only as good as the security of each of those entities, she said. If sensitive data is captured through a breach in one of those entities, the company may end up paying for that lapse.



Related stories:






Print this Story Send Us Feedback E-mail this Story Digg! Digg this Story Slashdot this Story
"It's IT Blogwatch: in which Grisoft, maker of the AVG anti-virus package, backs down in its attempt to DDoS the..." Read more...
Read more Security posts or See all Blogs
Google gives away home-cooked Web application security scanner
HP eyes move of support facilities out of Colorado Springs
Microsoft trumpets security additions in upcoming IE8
More top stories...
How much is too much? Upgrade your notebook without going over the line
French ruling on counterfeit goods could have far-reaching effects for eBay
Apple cuts price of high-end SSD MacBook Air by $500
All it takes is a couple hours and about $125 to breathe new life into an old laptop. Here's how.
Is Microsoft's Golden Age over? What are Gates' most memorable quotes? Find out in Computerworld's complete coverage of the end of the Bill Gates era at Microsoft.
There are some things your CIO definitely doesn't want to hear. Also don't miss the flipside, Five things you should always tell your boss.
With its latest version, Mozilla's browser continues to raise the bar for what Web browsers should be.
Reviews, analyses, how-tos, visual tours, hot issues and predictions about Microsoft's new OS.
Four years from now, the IT field will be a vastly different place. Will you be ready?
All Zones
Application Performance Zone
Business Continuity Zone
Data Center Management Zone
Enterprise-Class Security Zone
The File Data Management Zone
Grid Computing on Windows Zone
Security Management Zone
ITIL Best Practices Zone
The SAS Zone
Storage Virtualization Zone
Business Intelligence and Analytics Zone

Ads by TechWords

See your link here
Why SaaS is Vital to Email and Web Security
Why SaaS is Vital to Email and Web Security
Download this webcast, free, compilments of Webroot Software
Go to the webcast 
Computerworld Executive Bulletin: Building a Robust Antivirus Defense
Download this Executive Bulletin (a $49.95 value) for free, compliments of MessageLabs.
(Source: MessageLabs) Antivirus software alone isn't enough to prevent today's speedy, sophisticated virus attacks. Security managers should consider multitiered approaches that include behavior scanning, appliances that check e-mail for worms, and restricting user access to dangerous Web sites. Download this Executive Bulletin (a $49.95 value) for free, compliments of MessageLabs, to learn more.
Download this executive briefing download
Windows® Enterprise Data Protection with Symantec Backup Exec™
Get this white paper now!
(Source: Symantec) With data protection becoming more distributed and IT resources increasingly constrained, businesses need a centralized data protection strategy that can manage multiple backup and recovery jobs. Learn how to address these critical enterprise challenges with dynamic disk-based data protection.
Download this white paper go
White Papers
Read up on the latest ideas and technologies from companies that sell hardware, software and services.
Deploying Virtualized NetWare on Linux Whitepaper
Toward More Flexible, Next-Generation Collaboration Solutions
Driving Business Success Through Workgroup Choice and Flexibility
View more whitepapers