Amanda McAllister Novak

— On the schedule —

During a Breach: How Encryption is Evaluated by Regulators, Insurers, and Counsel

The session examines how encryption is evaluated during a data breach investigation by regulators, insurers, and legal counsel. Post-breach analysis focuses not only on whether encryption was present, but how it was implemented and whether it effectively protected sensitive or personal data. The discussion will cover how encryption impacts breach notification obligations under U.S. law, how cyber insurance coverage may be affected, and how encryption is assessed by regulators and counsel during breach investigations. Attendees will gain practical insight into how encryption is interpreted in real-world breach scenarios and what factors determine whether it meaningfully reduces legal, regulatory, and financial risk.