Case Study: Government Agency Data Breach
The Issue
We were engaged to assist a government agency in managing a high-risk internal data breach involving a former contractor and a highly sensitive data repository. The breach exposed over 34,000 records containing sensitive personal and non-personal information and concerned the actions of a third party.
Challenges were compounded: The agency had limited visibility into the system’s IT arrangements, data security safeguards, and with the geographical location of its data hosting in the another jurisdiction.
Our response
Our team provided comprehensive advice on the legal, regulatory, and reputational risks arising from the breach. This included addressing information privacy obligations, public sector record-keeping accountabilities, financial accountability, ICT-specific requirements or contractor management requirements. We also advised on conduct-related issues for decision-makers, including potential misfeasance in public office and implications under corruption based requirements.
Our internal cyber specialists played a critical role in negotiating with the former contractor who controlled the data, successfully securing the return of the information and ensuring the closure of the unregulated data repository.
The matter presented a complex and high-risk scenario due to the sensitive nature of the data involved and agency's limited oversight and control over the e-log system. The potential for severe reputational damage, regulatory breaches, and operational disruption underscored the critical importance of swift and strategic action. Our work addressed the immediate risks posed by the data breach, including putting in place fall-back protections (including seeking Court orders for protection of data stored in the US) in the event that negotiations with the contractor were unsuccessful, and highlighted our expertise in managing complex, high-risk situations and deliver strategic solutions that safeguard our client's interests.