Articles Posted in Cybersecurity and Privacy

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On April 13, 2011, the Indian Central Government issued final regulations implementing parts of the Information Technology (Amendment) Act, 2008, dealing with protection of personal information.

Pillsbury does not provide legal advice on Indian law, but we have been in contact with the Indian legal community and service providers. Here is what we have learned.

As drafted, the new Reasonable Security Practices and Procedures and Sensitive Personal Information rules appear to apply to all information in the possession of organizations in India, regardless of where it came from or how it got there.

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When clients raise the question of the security of an outsourced service, it’s frequently a proxy for the feeling that they can trust/have control over their own people, but don’t really trust the service provider’s personnel. This type of concern showed up in a recent survey of CFOs conducted on behalf of SunGard Availability Services, more than half (56%) of those polled said they are concerned about the idea of outsourcing the management of their IT infrastructure due to the perceived security risks. According to the survey, the responding executives’ fears are exacerbated by high profile media stories about third party IT outages or data losses – with 45% of the respondents confessing that such cases make them more inclined to keep their data in-house, despite the cost implications.

When these concerns come up in an outsourcing deal, it’s helpful to consider the current risk profile of the company and whether the company’s systems and data are actually more secure in their current environment with their current staff, or if it’s just the perception of loss of control that is making the executives feel that way.

There are, of course, risks associated with allowing your data and applications to sit somewhere else and be operated on by someone else, and some of these risks become more pronounced when you are operating in a cloud-based environment with little assurance about the physical location of your data. However, these risks can be managed both contractually and procedurally and have to be evaluated in the overall context of the business.

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Two recent events serve to highlight the importance of proper due diligence and appropriate contractual protections when dealing with cloud-based and other hosted service providers:

  • According to a lawsuit filed in US District Court in Hawaii by the producer of the syndicated children’s TV series “Zodiac Island,” an entire season of the show has been wiped out thanks to a fired employee at its data-hosting company who hacked into networked computers and destroyed its work. See WeR1-CyberLynk Complaint 110403