Cyber Attacks: Why we blame the business and not the attackers

1 min read

Rather than businesses being perceived as a ‘victim’ of cyber attacks, growing public perception is that they are ‘failures’ who did not have adequate cyber security measures in place.

THE TRUE COST OF CYBER-ATTACKS

While the cyber attacker maintains anonymity, a business’s good name and reputation is irreparably harmed as the public loses trust. This can then lead to a downturn in revenue and, in some circumstances, can cause a once successful business to completely fail.

In something of an Australian first, ASIC recently commenced proceedings against a company that was the victim of a cyber-attack. ASIC alleges, in particular, that the company failed to implement appropriate policies and systems to prevent cyber attacks.

This, as much as anything, demonstrates the increasing pressure on businesses to ensure that they are not bystanders when it comes to cyber-security.

WHAT CAN YOU DO?

From January 2021 to June 2021, 30% of all data breaches notified to the Office of the Australian Information Commissioner (OAIC) were attributable to human error.

It is vital that businesses have sufficient measures in place to mitigate employees inadvertently exposing an organisation to both an attack and the flow-on effects from a data breach.

Strategies might include:

  • Data Breach Response Plan: This is a planning tool that identifies and explains the procedure your organisation will follow when responding to a data breach.
  • Cyber Security Policy: This explains the procedures your organisation will following when handling sensitive information, how to use the technology that keeps it secure, outlines security measures, including password requirements and identifying spam/scam emails and outlines how employees can prepare for a cyber-attack.
  • Appointing a Privacy Officer: This will be a senior staff member that other employees can approach regarding any cyber security issues. The Privacy Officer should have a clear role description and list of responsibilities.
  • Updating all Policies: All company policies and procedures should be regularly reviewed and updated to ensure it accounts for cyber security protection measures, including the Employee Code of Conduct, Social Media Policy, Anti-Discrimination and Harassment Policy, etc.

MANDATORY NOTIFICATION IN NSW?

On 7 May 2021, the NSW Government released a draft Privacy and Personal Information Protection Amendment Bill 2021. If this is passed, it will make NSW the first state to implement mandatory notification of data breaches.

The intention is to create new standards of accountability and transparency in organisations in relation to their protection of personal information. Whilst this would only apply to an APP entity (an agency or organisation which must comply with obligations under the Privacy Act 1988 (Cth)), such a move again places the onus on businesses to protect themselves from cyber attackers and completely ignores the accountability of anonymous cyber attackers.

Evidently both public perception and political decision making appear to be moving to place all responsibility on businesses to have sufficient cyber security measures in place.

For these reasons, it is also imperative that businesses ensure all computers, phones and other electronic devices are protected with adequate security technology such as the Red Piranha Crystal Eye product.

If you wish to discuss any cyber security issues in relation to your business, please contact PBL Law Group.

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Authored By
PBLTeam

Director Lawyer, PBL Law Group

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Anita Bradley has been an absolute dream to deal with. Anita's conveyancing skills and knowledge knows absolutely no boundaries along with her effective communication skills which has made selling and buying a completely stress free exchange for us. We recommend PBL Law to everyone looking for outstanding service. We will definitely be returning clients.
Kushlan Aluwihare
PBL Law Group were fantastic. Anita from PBL worked with us closely during our property search and made the exchange and settlement process smooth and stress free. Highly recommended.
Gail Whitford
PBL handled my late mothers estate, they were very obliging and patient with any and all questions that we had, thank you to David , Sharon and the other staff that we dealt with, everyone was so easy to talk to and friendly .David came to the home where my Mother was living and helped her to get her will in order, Sharon helped us through the process of executing her wishes when the time came even doing a house call which was so much easier, thank you all so much
S M
I have experienced an excellent service from PBL (especially from Anita) during the sale of my recent property on Central Coast, and during the purchase of our current property in Sydney. Throughout many challengers, especially with the sale, Anita presented her very professional and knowledgeable conveyancer, positively solving all obstacles. "Above and Beyond" Award going to Anita!!! :-)
Amanda Reitzin
The five-star reviews are well-deserved. I needed a motion and a bylaw drawn up for urgent repairs of my strata unit and the AGM was in two weeks' time. My solicitor was friendly, efficient, knew what documents to ask for, and had all the paperwork prepared well within the timeframe. She also took the time to run through all the legalese and the different possible scenarios with me to make sure I understood. I am so glad to have found this firm and I will not hesitate to use their services again in future if the need arises.
Ricky Cooper
Anita is amazing! So attentive, approachable and communicates everything every step of the way. I have now bought and sold property with Anita and I cannot recommend her highly enough.
Ron Thomsen
Our Commercial Property conveyancing was handled very professionally. Anita’s experience and responsiveness was an asset in this transaction.
Trace M
I am so grateful for Anita Bradley from PBL Law Group helped me with this property settlement, she has went above beyond to ensure I understand everything because of our deafness. I will recommended Anita or their team. Thank you so much for all the hard work you have done for us.
Tricia Wheatstone
For almost 18 months I have been a client of Alex Ilkin. Alex is very knowledgeable and professional and has consistently provided me with thorough, honest and well set out advice, including steering my case through appeal proceedings. He always worked for my best interests with integrity and compassion. I recommend Alex and his team at PBL.