How do you handle data security disputes?

I would take a slightly different approach to this issue. With data there is a legal , ethical and commercial element attached. I would score card the data to create a risk score for each piece of data. I would then look at the other side of the score to create and impact on the business and score this . What I'm doing is getting to a point where the numbers/ risk/impact scores dictate the level of security and if built correctly should move away from disputes. Now, because thinks change this scoring matrix gets reviewed each month and if the changes are big in one area the security focus may change.

I would venture starting with the regulatory and contractual aspects of a relationship is a useful starting point in any dispute (it certainly is my starting point). In many cases one party to the dispute may simply not be in a position to dictate what is/is not appropriate security. For instance, take data privacy and cyber laws such as the GDPR and (soon) the NIS 2, where Controller/Information System owner must determine an appropriate set of TOMs to flow down to the service provider. The same is true in financial services, such as under the GLBA's Safeguard Rule which imposes some pretty clear lines on what must be included (e.g., MFA, EaT/EiT being mandatory).

Assess the Situation: Begin by gathering all relevant information about the data security incident or dispute. Understand the nature and scope of the problem, including what data was compromised, how it occurred, and who may be responsible. Invoke Incident Response Plan: If the dispute involves a data breach or security incident, activate your organization's incident response plan immediately. This plan should outline steps for containing the breach, notifying affected parties, and investigating the incident.

Notify Key Stakeholders: Notify relevant internal and external stakeholders, including legal counsel, IT/security teams, executive leadership, and potentially affected individuals or organizations. Prompt communication is critical

Security of data is a moving and living situation which requires flexibility as well as measurement I would suggest A1 could help in building this environment but not being the final decider.

Engage Legal Counsel: Consult with legal counsel experienced in data security and privacy matters. They can provide guidance on compliance with relevant laws and regulations and help you navigate the dispute resolution process. Mediation or Negotiation: Attempt to resolve the dispute through mediation or negotiation. This may involve discussions with affected parties, vendors, or other involved parties to reach an amicable resolution

Learn and Improve: After the dispute is resolved, conduct a thorough post-incident review. Identify lessons learned and areas for improvement in your data security practices to prevent similar disputes in the future. Data Security Enhancement: Use the insights gained from the dispute to strengthen your organization's data security practices and policies. Continuously assess and improve your security posture. Regular Compliance Audits: Implement regular compliance audits and security assessments to proactively identify and address potential issues before they escalate into disputes

Handling data security disputes requires a combination of legal, technical, and communication skills. Engaging experienced legal counsel and maintaining a proactive approach to data security are crucial in minimizing the likelihood of disputes and effectively managing them when they arise. The implications of data leak and are high, hence having experts together helps in better mitigation.