Responding to a Data Breach | Wisconsin Lawyer

Whether a “breach” occurs is typically a legal determination. In general though, a data breach occurs when there is unauthorized access or acquisition of personal information. Although different states and other countries might have varying definitions of a data breach, a breach can occur when a person steals, gains access to, or uses information or, in some cases, exceeds their authority to access information without permission. The two most common types of cybersecurity incidents that law firms experience are ransomware attacks and business email compromises. Such incidents must be taken seriously and investigated properly to determine whether a data breach occurred and what reporting obligations the incident may have triggered under state statutes and ethical rules.

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