Chapter 3 - Crime Areas

3.7 Data breaches and network intrusions - Law enforcement considerations

Compounding the issues of attribution and jurisdiction, data breaches are often simply not reported or referred to LE. The exception to this is likely to be cases where there has been a significant and publicised disclosure of public information.

In cases where only company data or intellectual property has been disclosed, companies will often either manage the situation in-house, or use the services of an Internet security company specialising in investigating data breaches - expertise that LE often lacks. The reluctance to report to LE is likely to be as a result of a perceived lack of confidence in LE’s ability to investigate discreetly, increasing the risk of a reputation-damaging leak to the media.