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ARTICLE · 22 JUNE 2016

Cloaking Threat Risk Assessments Under Legal Privilege

Threat risk assessments against technology-based systems and surrounding environments are increasingly mandated by customers and regulators.

CanadaTechnology

Threat risk assessments against technology-based systems and surrounding environments are increasingly mandated by customers and regulators. Threat risk assessments (TRAs) are typically done either pre-breach event as internal due diligence, or responsive to an event to determine the origins of the event and the scope of the impact. The breadth and penetration level of TRAs vary, but they are inherently intrusive, command significant time and financial resources, and will inevitably result in disclosing areas of possible vulnerabilities.

The intent of TRAs is in part to identify those weaknesses, but that goal is often balanced by the concern that having actual knowledge of weaknesses and vulnerabilities exposes businesses to greater liability upon a breach event if the business was unable to implement a solution before the breach event occurs. Rectifying vulnerabilities, which could include simply catching up on ever-changing industry standards, often takes a

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