Bill is similar to model data security law adopted by NAIC
If you are a SC title agent, this bill will likely affect you if it passes!
The National Association of Insurance Commissioners (NAIC) adopted the Insurance Data Security Model Law, intending to promote rigorous cyber risk management practices, in October. And the South Carolina Department of Insurance (SCDOI) has introduced a similar bill in the South Carolina legislature. The South Carolina version, the South Carolina Insurance Data Security Act, is now in committee, and can be read here.
The model law creates data security standards for insurers and agents. The rules would apply to the real estate lawyers in South Carolina who are also title insurance agents. The rules require overseeing third-party providers, investigating data breaches and notifying consumers and regulators of data breaches.
Insurers and agents will be required to have a written information security program for protecting sensitive date. Incident response plans and data recovery plans will also be required. Compliance certifications to the DOI will be required annually.
One important exemption applies to licensees with ten or fewer employees. This exemption will benefit small South Carolina law firms. Cyber security insurance may become a hotter commodity in South Carolina if this law passes, but the law is not intended to create a private cause of action.
We will watch this legislation and keep everyone posted on how it proceeds through the legislative process in South Carolina.
Cybersecurity is job #1 for dirt lawyers. Even in our close-knit state, we hear of attacks every week. A lawyer’s office could easily be forced out of business by one of these evil attacks. In our office, we read everything printed on the topic, and I offer you the six best, simplest tips I’ve seen. The first five are from American Land Title Association, developed with the help of the FBI, and the sixth is from the South Carolina Bar.
Call, don’t e-mail: Confirm all wiring instructions by phone before transferring funds. Use the phone number from the recipient’s website or business card.
Be suspicious: It’s not common for the companies involved in real estate transactions to change wiring instructions and payment information. Use common sense, stay alert to things that don’t look or feel quite right in a transaction and use your “Spidey senses”!
Confirm it all: Ask your bank to confirm not just the account number but also the name on the account before sending a wire.
Verify immediately: Call the recipient to validate that the funds were received. Detecting that you sent the money to the wrong account within 24 hours gives you the best chance of recovering your money.
Forward, don’t reply: When responding to an email, hit forward instead of reply, then start typing with a known email address. Criminals use email addresses that are similar to real ones. By typing email addresses you will make it easier to discover if a fraudster is after you.
Thank you, ALTA and FBI, for those great tips!
The best tip, by far, that I have seen comes from the South Carolina Bar. This tip is not only excellent for avoiding cyber fraud, it’s a great way of avoiding mistakes of all kinds in real estate practices. Here it is:
Give yourself and your staff permission to slow down! We know things are hot out there not only in terms of the weather but also in terms of the speed of closings. Many of us who weathered the financial downturn remember what it was like when things were hot in 2005 – 2007. Closing speed can be increased only so muchwithout causing error after error. Remember illegal flips prior to the financial downturn? How many of them could have been prevented if someone had stopped long enough to think or long enough to bounce the scenario off of a friendly title insurance company underwriter? The same is true of protecting your clients’ money. Stop and think and allow your staff members to spend the time to stop and think.
Thank you, South Carolina Bar, for this great tip.
And, finally, I strongly recommend insurance against cyber fraud. Check with your E&O carrier to see what it offers. If it does not offer insurance to protect against this danger, find a company that does! Call your title insurance company for suggestions!