Recently while working with an out of state Attorney who was the managing director for a large vertical market software company we ran across the following situation. In preparing for a software upgrade they required access to a mutual client’s system to upgrade their software. To give them access they required sensitive information regarding these systems. This included locations of software locations as well as usernames and passwords (via phone). Imagine the shock when I received this email back:
“Please use clear email so we can track this without having to print the html for every
email from you. Other than the remote access credentials, I don’t think there is anything super-secret here.”
Nothing “super-secret other than remote access credentials”? Outlined in the email was the roadmap on how to find all the data and access the entire cache of data that this client (who is a paperless office) has gathered over the past 5+ years. This information contains not only Personal Identifiable Information but also the financial information of their clients. This could include Social Security Numbers as well as financial information.
“In addition to regulating communications containing an individual’s Social Security number, the NY Social Security Number Protection Law requires companies to adopt reasonable measures to limit access to Social Security numbers in their possession. Specifically, employees
accessing Social Security numbers must have a legitimate business purpose for doing so. Unfortunately, the statute does not define these reasonable measures. In light of the overall objective of the legislation, companies will need to ensure that employee access to Social Security numbers be kept to an absolute minimum.
Moreover, companies must store Social Security numbers in a manner designed to preclude unauthorized access and to ensure confidentiality. Adherence to these security measures is a defense against alleged violations of the unsecured communication obligations noted above.”[i]
While encrypting this single email was a small part of a complete solution of maintaining compliance it outlines that many times the inconvenience of having “print the html” or storing them in a secure manner opens doors to risk of issues down the line. As a side note once this upgrade is complete disabled their account and changed all access passwords as there are now major concerns over how this vendor maintains their data.
[i] http://www.jonesday.com/newsknowledge/publicationdetail.aspx?publication=3778




