On Wednesday, The New York Department of Financial Services (NYDFS) announced their first ever cybersecurity charges against title insurance company First American for a data breach that exposed hundreds of millions of records containing sensitive information over the course of nearly five years.

The First American data breach initially occurred in October 2014 after an error in an application update left 16 years worth of mortgage title insurance records available to anyone online without authentication. These documents included information such as social security numbers, tax records, bank statements, and drivers license images. The error went undetected until December 2018, when First American conducted a penetration test that discovered the venerability. According to the NYDFS, however, First American did not report the breach and left the documents exposed for another 6 months, until a cybersecurity journalist discovered and published about the breach.

Charges against First American for their role in the data breach is the first time the NYDFS is enforcing the department’s cybersecurity regulations established in 2017. The regulation requires financial organizations with a license to operate in New York to establish and follow a comprehensive cybersecurity policy, provide training for all employees, implement effective access controls, and conduct regular venerability tests in line with a cybersecurity risk assessment.

First American is facing 6 charges, including failing to follow their internal cybersecurity policy, misclassifying the exposed documents as “low” severity, as well as failing to investigate and report the breach in a timely manner.

While the fine for a violation of the regulation is only up to $1,000, the NYDFS considers each exposed document as a separate violation. So, with up to 885 million records potentially exposed, First American could be looking at millions of dollars in fines if the charges stick.

News of the charges should serve as a wake-up call to U.S. organizations unconcerned with cybersecurity regulations. While the U.S. does not have any federal regulations, and there are a number of state regulations that have gone into effect in the past 5 years. This is merely one of what is likely many companies that will face enforcement unless they take steps now to ensure compliance.

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