Courts order handover of breach forensic reports in trend welcomed by consumers, feared by defendants
In the past year, three judges have ordered companies that suffered data breaches to hand over internal forensic reports on how the incident happened — a trend that could lend new insights into incidents where consumers’ personal data is exposed, at the expense of companies that want to keep that information to themselves. In July, a judge ordered the Rutter’s convenience store chain to deliver a forensic report on its data breach to attorneys in a class action suit brought by store customers. It was the kind of decision that could shed light on whether the company neglected cyber defenses leading up to a breach that affected customer credit card data at roughly 70 stores over the course of nine months. A judge ruled in May 2020 that Capital One would need to provide a forensic report to attorneys for customers who sued the bank over a 2019 incident in […]
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