{"id":2579422,"date":"2023-10-18T17:41:00","date_gmt":"2023-10-18T21:41:00","guid":{"rendered":"https:\/\/platoai.gbaglobal.org\/platowire\/important-exclusions-for-cisos-in-sec-cybersecurity-filings\/"},"modified":"2023-10-18T17:41:00","modified_gmt":"2023-10-18T21:41:00","slug":"important-exclusions-for-cisos-in-sec-cybersecurity-filings","status":"publish","type":"platowire","link":"https:\/\/platoai.gbaglobal.org\/platowire\/important-exclusions-for-cisos-in-sec-cybersecurity-filings\/","title":{"rendered":"Important Exclusions for CISOs in SEC Cybersecurity Filings"},"content":{"rendered":"

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Important Exclusions for CISOs in SEC Cybersecurity Filings<\/p>\n

In today’s digital age, cybersecurity has become a critical concern for businesses across all industries. With the increasing number of cyber threats and data breaches, companies are under immense pressure to protect their sensitive information and maintain the trust of their stakeholders. As a result, the Securities and Exchange Commission (SEC) has implemented regulations that require companies to disclose their cybersecurity risks and incidents in their filings. However, there are certain exclusions that Chief Information Security Officers (CISOs) need to be aware of when preparing these filings.<\/p>\n

The SEC’s guidance on cybersecurity disclosures provides companies with a framework to assess and disclose their cybersecurity risks and incidents. While it is crucial for CISOs to provide accurate and comprehensive information, there are certain exclusions that they should consider when preparing these filings.<\/p>\n

1. Specific Technical Information:<\/p>\n

CISOs should avoid disclosing specific technical details about their cybersecurity systems or vulnerabilities in their filings. This information could potentially be exploited by hackers or malicious actors, leading to further security breaches. Instead, CISOs should focus on providing a high-level overview of their cybersecurity measures and the potential impact of any incidents.<\/p>\n

2. Ongoing Investigations:<\/p>\n

If a company is currently investigating a cybersecurity incident, it may be prudent for CISOs to exclude specific details about the incident from their filings. This is to prevent any interference with the investigation or potential compromise of sensitive information. However, CISOs should still disclose the fact that an investigation is ongoing and provide updates as necessary.<\/p>\n

3. Competitive Information:<\/p>\n

CISOs should be cautious about disclosing sensitive competitive information in their filings. While it is important to provide sufficient information about cybersecurity risks and incidents, disclosing proprietary information or specific details about security measures could potentially give competitors an advantage. CISOs should strike a balance between transparency and protecting their company’s competitive position.<\/p>\n

4. Speculative Information:<\/p>\n

CISOs should avoid including speculative information in their filings. Speculation about potential future cybersecurity risks or incidents may create unnecessary panic among stakeholders and could potentially harm the company’s reputation. Instead, CISOs should focus on providing factual information based on past incidents and known risks.<\/p>\n

5. Trade Secrets and Intellectual Property:<\/p>\n

CISOs should exercise caution when disclosing information related to trade secrets or intellectual property in their filings. While it is important to provide transparency, disclosing sensitive information could potentially harm the company’s competitive advantage or expose valuable assets to cyber threats. CISOs should carefully evaluate the potential risks before including such information in their filings.<\/p>\n

6. Personally Identifiable Information (PII):<\/p>\n

CISOs should be mindful of the privacy concerns associated with disclosing personally identifiable information (PII) in their filings. While it is important to disclose any cybersecurity incidents involving PII, CISOs should avoid including specific details that could potentially expose individuals to further harm or identity theft. Instead, they should focus on providing a general overview of the incident and the steps taken to mitigate the impact on affected individuals.<\/p>\n

In conclusion, CISOs play a crucial role in ensuring the cybersecurity of their organizations and complying with SEC regulations. However, they need to be aware of the important exclusions when preparing cybersecurity filings. By avoiding the disclosure of specific technical information, ongoing investigations, competitive information, speculative information, trade secrets and intellectual property, and personally identifiable information, CISOs can strike a balance between transparency and protecting their company’s interests. It is essential for CISOs to work closely with legal and compliance teams to ensure accurate and compliant cybersecurity disclosures that effectively communicate the company’s cybersecurity risks and incidents to stakeholders.<\/p>\n