[Dataloss] What is my data worth?
George Toft
george at myitaz.com
Mon Sep 25 02:22:44 EDT 2006
Numbers I've seen . . .
According to Consumer Reports, the average phishing theft victim suffers
an $800 loss. Let us assume that the same metric can be used for
"general" ID theft.
In 2002, an ID thief employed at the same company where I was working
was busted for selling ID's on the Internet for $50/each. He ripped off
a competitor's employee database and was selling it off. Sad thing was
the FBI was tracking him for 4 years before they busted him.
I've read of numbers higher and lower than that, but that's about the
going wholesale rate for an ID. Retail seems to be about $140, based on
a NY Times article.
Liability considerations . . .
I'm not sure this metric could be used to establish damages, but it
would weigh heavily in proving negligence. Assume a CPA has 500
client's information stored on a hard drive. Using the numbers above,
that hard drive is worth $25K - $70K (wholesale vs retail). If someone
regulated by Federal Regulations (GLBA) failed to take the required
actions to protect a $25K device that caused 500 people $800 damage each
(total of $400K in damages), I think the plaintiffs have a good case for
a suit.
Many states are writing a stipulation into their data protection laws
where the victim can recover actual costs from ID theft from the company
that lost it. IMHO, it would be a clear case of negligence to not spend
the few thousand dollars to protect yourself from a 6 figure law suit.
Disclaimer: I am not a lawyer.
Personal story . . .
I met with a CPA recently. We discussed his obligations under GLBA to
protect his client's information. His only question was whether or not
his insurance company required a risk assessment (which GLBA requires).
He had absolutely no intension of complying with GLBA unless his
insurance company required it.
I then explained the scenario to my insurance company and asked them if
they would pay out on a liability law suit if I failed to comply with
Federal Law. Their answer: maybe.
Final tidbit . . .
I have yet to meet a company regulated by GLBA that was in full
compliance. I would even go so far as to say 95% of the companies bound
by this regulation have never heard of it, therefore don't know their
obligations. (Based on telephone interviews we've conducted in Phoenix,
that number is closer to 98%.)
The problem is only going to get worse.
George Toft, CISSP, MSIS
My IT Department
www.myITaz.com
480-544-1067
Confidential data protection experts for the financial industry.
Jason Lewis wrote:
> I was reading about various lawsuits against companies/entities that
> have had data breaches and I got to thinking. Has anyone done any
> research into how valuable my data is? I would think that would go a
> long way in estimating losses.
>
> For example, an advertiser is interested in target demographics, how
> much will they pay for info about me and my spending habit, credit card
> debt, loans, etc.
>
> How much is the average consumer's data worth? Is it even reasonable to
> try and figure out that cost when trying to punish entities that lose
> the information?
>
> jas
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