2015 Most Dangerous Emerging Risks

Corporate Privacy: Nowhere to Hide

Companies can no longer expect to conduct business out of the gaze of prying eyes.
By: | April 8, 2015 • 6 min read

SCENARIO: In a small apartment in Atlanta, Pete scanned the hardware in front of him. His fingers flew as he deftly navigated multiple windows. A former defense contractor employee, Pete possessed a highly specialized set of skills.

He knew how to hack into almost anything, from network servers and credit card databases, to VoIP phone systems and video conferencing systems. An encryption expert, he knew how to exploit every weakness and sniff out every back door. Pete never met a digital lock he couldn’t pick.

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Pete’s talents — and his reputation for discretion — kept him in demand, especially in certain circles.

His latest gig was gathering intel on Odyssey International for one of Odysseys’ top competitors, especially an inside track on any mergers or acquisitions Odyssey might have up its sleeve.

Pete pulled up his files for several key Odyssey execs and smiled smugly. People like Garry Buchanan made Pete’s job way too easy.

An encryption expert, he knew how to exploit every weakness and sniff out every back door. Pete never met a digital lock he couldn’t pick.

Odyssey’s U.S. head of new business development, Buchanan was tech-obsessed. From the moment Buchanan hopped into his Tesla Model S and engaged the autopilot until he arrived at work, Pete could peek at every email, calendar entry and company report. Buchanan’s smartphone let Pete keep track of him out of the car too, whether he was picking up a latte or checking in for a flight.

Accessing Odyssey’s network was a little tougher than Pete expected — its security was more sophisticated than most. But, like most companies, it spent more time protecting its customer and finance data. Its email server was far less secure. Its phone system was barely protected at all.

Around 8:15 a.m., Pete’s system alert let him know that Buchanan was on the phone. It sounded like Odyssey was researching a potential acquisition.

Pete tapped the screen to record the call and sent an encrypted file to the man who’d hired him.

Buchanan’s flight to London arrived on time. He’d checked into his hotel and stayed there all night. But Pete was drumming his fingers on his desk, aggravated. There were meetings on Buchanan’s calendar. But with whom? There was no data.

There had been a few vague email references, but nothing that had given Pete a clear picture of what was up. Buchanan seemed to be deliberately keeping the details under wraps.

“We’ll see about that,” said Pete, firing up more hardware. He checked the time and calculated the time difference. Buchanan would probably be leaving the hotel soon.

He’d found Buchanan’s Uber account the day before and guessed he’d be using the service. Sure enough, he’d already been picked up. “Gotcha,” said Pete, gaining unauthorized access to Uber’s “God View” and tracking the car’s route.

Ten minutes later, Buchanan walked into a café and was seated at a table out front. Pete watched in real time as Buchanan took a moment to take in the London scenery while waiting for his breakfast companions.

“Bless those Brits,” thought Pete. “And their millions upon millions of CCTVs.”

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Buchanan’s two guests arrived a few minutes later. Pete was pleased to have a good angle on both of them. He locked on their faces and dragged the images into his facial recognition program. He got a match on both and searched their records. One was a visiting fellow at the University of Cambridge in the department of engineering. Interesting.

Pete kept digging. An hour later, Pete had enough data on both of them to get a picture of what Buchanan was up to and why Odyssey wanted this little excursion to be kept under wraps.

Time for another file upload to his new corporate benefactor. This info was hot.

“I should’ve charged him twice as much,” Pete thought ruefully as he sent his customer the information on his competitor’s latest move.

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ANALYSIS: There are no more secrets. The lesson brought home by WikiLeaks and later by Edward Snowden is that privacy is a quaint notion of a bygone era. We are in, as it has been dubbed, the “Golden Age of Spying.”

Everyone now knows that the U.S. National Security Agency (NSA) has access — on a massive scale — to chat logs, stored data, voice traffic, file transfers, phone records, email and social networking data. It can also access web chats, Internet searches, text messages … the list goes on.

The agency has long had a certain amount of cooperation from major technology companies including Microsoft, Yahoo, Google, Facebook and Apple. Unbeknownst to some, it also engineered a weakness in an encryption standard, allowing back-door access to those companies, and their data.

Problem is, if you leave the back door open, you can’t guarantee that others won’t find their way in.

Now factor in the Internet of Things. Estimates suggest there could be up to 80 billion connected devices in use five years from now — devices that can monitor anything from the climate quality in your delivery trucks to whether the plant in your window needs more sun.

From your digital world to your physical world, everything will be hackable, trackable, visible. Everything will have the potential to be seen by someone you never intended to share it with.

That’s happy news for those set on malfeasance, either to steal corporate secrets or engage in disruption for fun or profit. But it’s troubling for businesses of all sizes as they face the challenge of protecting what they can and managing the rest.

Randy Nornes, executive vice president, Aon Risk Solutions

Randy Nornes, executive vice president, Aon Risk Solutions

“What you’re going to see is a more formalized way of communicating sensitive information and housing sensitive information,” said Randy Nornes, executive vice president with Aon Risk Solutions.

“So if you have key data that creates value for your firm, I think you’re going to see that the fundamental technology architecture that people use to store the really important stuff will be remote and distant, and it won’t be readily accessible through the Internet.”

But it’s the day-to-day actions of conducting business that organizations will have more trouble keeping behind locked doors.

“In a fully transparent world … companies will have to behave as if every action will be reported on the front page of their local paper,” said Nornes’ colleague Paul Kim, co-CBO of Aon Risk Solutions U.S. Retail operations.

Futurist and author David Brin said in a recent interview with “Variety,” that organizations can’t “count on anything staying secret for more than 10 years, that’s delusional on the border of psychosis.

“Get used to the notion that some day, someone is going to hear this conversation or read this document. And live and work as if anybody might be watching now,” Brin added.

Along with those inevitable leaks come serious risks to brand and reputation, which is why reputation risk management will need to develop at least as fast as privacy erodes.

That means using an extremely thorough process of scenario planning, and understanding exactly how any kind of breach, leak or competitive attack could affect the company’s value and its ability to conduct business.

“It’s not something that’s limited to the public relations team; it’s not something that’s limited to a chief communications officer,” said Chris Lukach, president of Anne Klein Communications Group, LLC.

“It’s something that needs to be shared among risk management, legal, HR, operations … . That to me is what makes companies prepared.”

There are multiple points at which hyper-transparency can result in a business loss, and insurance products will no doubt keep evolving to meet those needs. In a case where a release of confidential information might damage a company’s image, for instance, Tokio Marine Kiln is already underwriting a product that goes beyond traditional cyber insurance and helps companies insure against that spectrum of losses.

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Explained Tom Hoad, underwriter at Tokio Marine Kiln, a Lloyd’s syndicate, risk managers have become increasingly sophisticated in the way they think about their exposures.

“[They’re asking], ‘Where are the key performance indicators for the company and what sorts of things can affect our ability to deliver on those things?’ … The preservation of brand equity, is very much at the forefront of that process.”

BlackBar

Complete coverage of 2015’s Most Dangerous Emerging Risks:

Corporate Privacy: Nowhere to Hide. Rapid advances in technology are ushering in an era of hyper-transparency.

04012015_04B_implant_devices_150px_mainImplantable Devices: Medical Devices Open to Cyber Threats. The threat of hacking implantable defibrillators and other devices is growing.

04012015_03_concussions_150px_mainAthletic Head Injuries: An Increasing Liability. Liability for brain injury and disease isn’t limited to professional sports organizations.

04012015_04_vaping_150px_mainVaping: Smoking Gun. As e-cigarette usage rises, danger lies in the lack of regulations and unknown long-term health effects.

04012015_05_aquifer_depletion_150px_main

Aquifer: Nothing in the Bank. Once we deplete our aquifers, there is nothing helping us get through extended droughts.

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Most Dangerous Emerging Risks: A Look Back. Each year since 2011, we identified and reported on the Most Dangerous Emerging Risks. Here’s how we did on some of them.

Michelle Kerr is associate editor of Risk & Insurance. She can be reached at mkerr@lrp.com

More from Risk & Insurance

More from Risk & Insurance

Risk Scenario

A Recall Nightmare: Food Product Contamination Kills Three Unborn Children

A failure to purchase product contamination insurance results in a crushing blow, not just in dollars but in lives.
By: | October 15, 2018 • 9 min read
Risk Scenarios are created by Risk & Insurance editors along with leading industry partners. The hypothetical, yet realistic stories, showcase emerging risks that can result in significant losses if not properly addressed.

Disclaimer: The events depicted in this scenario are fictitious. Any similarity to any corporation or person, living or dead, is merely coincidental.

PART ONE: THE HEAT IS ON

Reilly Sheehan, the Bethlehem, Pa., plant manager for Shamrock Foods, looks up in annoyance when he hears a tap on his office window.

Reilly has nothing against him, but seeing the face of his assistant plant operator Peter Soto right then is just a case of bad timing.

Sheehan, whose company manufactures ice cream treats for convenience stores and ice cream trucks, just got through digesting an email from his CFO, pushing for more cost cutting, when Soto knocked.

Sheehan gestures impatiently, and Soto steps in with a degree of caution.

“What?” Sheehan says.

“I’m not sure how much of an issue this will be, but I just got some safety reports back and we got a positive swipe for Listeria in one of the Market Streetside refrigeration units.”

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Sheehan gestures again, and Soto shuts the office door.

“How much of a positive?” Sheehan says more quietly.

Soto shrugs.

“I mean it’s not a big hit and that’s the only place we saw it, so, hard to know what to make of it.”

Sheehan looks out to the production floor, more as a way to focus his thoughts than for any other reason.

Sheehan is jammed. It’s April, the time of year when Shamrock begins to ramp up production for the summer season. Shamrock, which operates three plants in the Middle Atlantic, is holding its own at around $240 million in annual sales.

But the pressure is building on Sheehan. In previous cost-cutting measures, Shamrock cut risk management and safety staff.

Now there is this email from the CFO and a possible safety issue. Not much time to think; too much going on.

Sheehan takes just another moment to deliberate: It’s not a heavy hit, and Shamrock hasn’t had a product recall in more than 15 years.

“Okay, thanks for letting me know,” Sheehan says to Soto.

“Do another swipe next week and tell me what you pick up. I bet you twenty bucks there’s nothing in the product. That swipe was nowhere near the production line.”

Soto departs, closing the office door gingerly.

Then Sheehan lingers over his keyboard. He waits. So much pressure; what to do?

“Very well then,” he says to himself, and gets to work crafting an email.

His subject line to the chief risk officer and the company vice president: “Possible safety issue: Positive test for Listeria in one of the refrigeration units.”

That night, Sheehan can’t sleep. Part of Shamrock’s cost-cutting meant that Sheehan has responsibility for environmental, health and safety in addition to his operations responsibilities.

Every possible thing that could bring harmful bacteria into the plant runs through his mind.

Trucks carrying raw eggs, milk and sugar into the plant. The hoses used to shoot the main ingredients into Shamrock’s metal storage vats. On and on it goes…

In his mind’s eye, Sheehan can picture the inside of a refrigeration unit. Ice cream is chilled, never really frozen. He can almost feel the dank chill. Salmonella and Listeria love that kind of environment.

Sheehan tosses and turns. Then another thought occurs to him. He recalls a conversation, just one question at a meeting really, when one of the departed risk management staff brought up the issue of contaminated product insurance.

Sheehan’s memory is hazy, stress shortened, but he can’t remember it being mentioned again. He pushes his memory again, but nothing.

“I don’t need this,” he says to himself through clenched teeth. He punches up his pillow in an effort to find a path to sleep.

PART TWO: STRICKEN FAMILIES

“Toot toot, tuuuuurrrrreeeeeeeeettt!”

The whistles of the three lifeguards at the Bradford Community Pool in Allentown, Pa., go off in unison, two staccato notes, then a dip in pitch, then ratcheting back up together.

For Cheryl Brick, 34, the mother of two and six-months pregnant with a third, that signal for the kids to clear the pool for the adult swim is just part of a typical summer day. Right on cue, her son Henry, 8, and his sister Siobhan, 5, come running back to where she’s set up the family pool camp.

Henry, wet and shivering and reaching for a towel, eyes that big bag.

“Mom, can I?”

And Cheryl knows exactly where he’s going.

“Yes. But this time, can you please bring your mother a mint-chip ice cream bar along with whatever you get for you and Siobhan?”

Henry grabs the money, drops his towel and tears off; Siobhan drops hers just as quickly, not wanting to be left behind.

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“Wait for me!” Siobhan yells as Henry sprints for the ice cream truck parked just outside of the pool entrance.

It’s the dead of night, 3 am, two weeks later when Cheryl, slumbering deeply beside her husband Danny, is pulled from her rest by the sound of Siobhan crying in their bedroom doorway.

“Mom, dad!” says Henry, who is standing, pale and stricken, in the hallway behind Siobhan.

“What?” says Danny, sitting up in bed, but Cheryl’s pregnancy sharpened sense of smell knows the answer.

Siobhan, wailing and shivering, has soiled her pajamas, the victim of a severe case of diarrhea.

“I just barfed is what,” says Henry, who has to turn and run right back to the bathroom.

Cheryl steps out of bed to help Siobhan, but the room spins as she does so.

“Oh God,” she says, feeling the impact of her own attack of nausea.

A quick, grim cleanup and the entire family is off to a walk-up urgent care center.

A bolt of fear runs through Cheryl as the nurse gives her the horrible news.

“Listeriosis,” says the nurse. Sickening for children and adults but potentially fatal for the weak, especially the unborn.

And very sadly, Cheryl loses her third child. Two other mothers in the Middle Atlantic suffer the same fate and dozens more are sickened.

Product recall notices from state regulators and the FDA go out immediately.

Ice cream bars and sandwiches disappear from store coolers and vending machines on corporate campuses. The tinkly sound of “Pop Goes the Weasel” emanating from mobile ice cream vendor trucks falls silent.

Notices of intent to sue hit every link in the supply chain, from dairy cooperatives in New York State to the corporate offices of grocery store chains in Atlanta, Philadelphia and Baltimore.

The three major contract manufacturers that make ice cream bars distributed in the eight states where residents were sickened are shut down, pending a further investigation.

FDA inspectors eventually tie the outbreak to Shamrock.

Evidence exists that a good faith effort was underway internally to determine if any of Shamrock’s products were contaminated. Shamrock had still not produced a positive hit on any of its products when the summer tragedy struck. They just weren’t looking in the right place.

PART THREE: AN INSURANCE TANGLE

Banking on rock-solid relationships with its carrier and brokers, Shamrock, through its attorneys, is able to salvage indemnification on its general liability policy that affords it $20 million to defray the business losses of its retail customers.

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But that one comment from a risk manager that went unheeded many months ago comes back to haunt the company.

All three of Shamrock’s plants were shuttered from August 2017 until March 2018, until the source of the contamination could be run down and the federal and state inspectors were assured the company put into place the necessary protocols to avoid a repeat of the disaster that killed 3 unborn children and sickened dozens more.

Shamrock carried no contaminated product coverage, which is known as product recall coverage outside of the food business. The production shutdown of all three of its plants cost Shamrock $120 million. As a result of the shutdown, Shamrock also lost customers.

The $20 million payout from Shamrock’s general liability policy is welcome and was well-earned by a good history with its carrier and brokers. Without the backstop of contaminated products insurance, though, Shamrock blew a hole in its bottom line that forces the company to change, perhaps forever, the way it does business.

Management has a gun to its head. Two of Shamrock’s plants, including Bethlehem, are permanently shuttered, as the company shrinks in an effort to stave off bankruptcy.

Reilly Sheehan is among those terminated. In the end, he was the wrong person in the wrong place at the wrong time.

Burdened by the guilt, rational or not, over the fatalities and the horrendous damage to Shamrock’s business. Reilly Sheehan is a broken man. Leaning on the compassion of a cousin, he takes a job as a maintenance worker at the Bethlehem sewage treatment plant.

“Maybe I can keep this place clean,” he mutters to himself one night, as he swabs a sewage overflow with a mop in the early morning hours of a dark, cold February.

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Risk & Insurance® partnered with Swiss Re Corporate Solutions to produce this scenario. Below are their recommendations on how to prevent the losses presented in the scenario. This perspective is not an editorial opinion of Risk & Insurance.®.

Shamrock Food’s story is not an isolated incident. Contaminations happen, and when they do they can cause a domino effect of loss and disruption for vendors and suppliers. Without Product Recall Insurance, Shamrock sustained large monetary losses, lost customers and ultimately two of their facilities. While the company’s liability coverage helped with the business losses of their retail customers, the lack of Product Recall and Contamination Insurance left them exposed to a litany of risks.

Risk Managers in the Food & Beverage industry should consider Product Recall Insurance because it can protect your company from:

  • Accidental contamination
  • Malicious product tampering
  • Government recall
  • Product extortion
  • Adverse publicity
  • Intentionally impaired ingredients
  • Product refusal
  • First and third party recall costs

Ultimately, choosing the right partner is key. Finding an insurer who offers comprehensive coverage and claims support will be of the utmost importance should disaster strike. Not only is cover needed to provide balance sheet protection for lost revenues, extra expense, cleaning, disposal, storage and replacing the contaminated products, but coverage should go even further in providing the following additional services:

  • Pre-incident risk mitigation advocacy
  • Incident investigation
  • Brand rehabilitation
  • Third party advisory services

A strong contamination insurance program can fill gaps between other P&C lines, but more importantly it can provide needed risk management resources when companies need them most: during a crisis.



Dan Reynolds is editor-in-chief of Risk & Insurance. He can be reached at dreynolds@lrp.com.