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                142   P P a r t   I I I :  a r t   I I I :    W

                         Although you may be expecting the attack to come from hackers and viruses, a 2007 study
                      by Gartner shows that 90 percent of all security breaches occurred because of user missteps.
                      That is, users brought the damage on because of their own actions (or lack of action).
                         Hard-drive decommissioning is the act of removing data from the hard drive before it is
                      sent for recycling or repurposing. Unfortunately, this is often done incorrectly and,
                      especially if you’re sending hundreds or thousands of computers out of your organization,
                      it can be costly. On the flipside, data in the wrong hands can be even costlier. The cost can
                      be measured in lost company information, trade secrets, and the like, as well as potential
                      damage to your company’s reputation should the company be required to disclose the loss
                      under one of the numerous data breach laws in effect around the world. To top it off, loss of
                      certain types of data could be a civil and/or criminal liability for company officers.
                         Yes, criminal and civil action is a possibility because of the enactment of recent laws to
                      protect individuals’ health and financial information. This section examines what you can
                      do to keep your organizations’ hard drives from giving up their secrets.

                      Consequences
                      Breached data can bring public relations, legal, and business repercussions. Data
                      confidentiality is highly regulated by the U.S. Government. For example, the healthcare
                      industry has Health Insurance Portability and Accountability Act (HIPAA) guidelines in
                      place that put rules on confidential personal data. If that data gets out, the organization that
                      lost it faces strict penalties. U.S. businesses and their employees and partners suffered huge
                      losses after financial misdeeds by officers at Enron and Tyco International. As such, the
                      Sarbanes-Oxley legislation places rules on financial data.
                         In the past, it was just a good idea to keep data secure. Now it’s the law. As a result of
                      these laws, it isn’t just a customer or client who suffers if data is leaked. Now, companies
                      can face huge financial penalties. Even more sobering, company officers and directors can
                      face prison time.
                         Table 7-2 illustrates potential penalties if the laws are violated.

                      How to Clean a Hard Drive
                      Often, when selling an old computer, returning it after a lease, or recycling it, you simply
                      reformat the drive or delete the files. When this is done, users tend to think that the data is
                      gone, but it’s not.
                         By going through a reformat or deleting files, one tends to think that the data is gone—after
                      all, “format” sounds like the process means business, and you even hear the hard drive
                      buckling down and making some serious sounds.


                                                   Fair and Accurate Credit
                                    Sarbanes-Oxley  Transactions Act of 2003 (FACTA)  HIPPA
                       Directors    $1,000,000
                       and Officers
                       Institution  $5,000,000     $11,000                       $50,000 to $250,000
                       Prison       20 years                                     1 to 10 years

                      TABLE 7-2  Potential Penalties If Confidential Data Is Not Protected
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