Cybersecurity · Lost laptops
The order matters: cut off the account, lock the device, then find out whether the drive was encrypted, because that decides whether this is a breach.
Revoke sessions before anything else
Encryption decides if it is a breach
Get a police report number
30 minutes of data collection, your report the next day, yours to keep with no obligation. Or pick a time on the calendar below. Or call 954-539-5678.
If a work laptop has just been lost or stolen, do these things in this order, today: report it to whoever runs your IT, sign the person out of everything and change their password, send a remote lock or wipe to the laptop, file a police report, and then work out whether the drive was encrypted. That last question decides almost everything that follows. An encrypted laptop that goes missing is usually an equipment loss and an insurance claim. An unencrypted one holding customer or employee records may be a data breach with legal notice deadlines attached.
Most people do these steps in the wrong order. They spend the morning retracing their steps through the coffee shop and the parking garage, and they call IT at lunch. To be honest, the laptop itself is the cheap part. A replacement costs a day’s hassle and some money. What you are protecting in that first hour is the email account, the files and the saved passwords that are still sitting on it, signed in.
This is the list I would give a client on the phone. It assumes you use Microsoft 365 or Google Workspace and that your laptops are enrolled in some kind of device management. If they are not, you will skip step four and lean harder on step two.
If your team has never practiced this, put it in a one-page incident plan. Our incident response plan template has a section for exactly this case.
Here is my opinion, stated plainly. An encrypted laptop is an equipment loss. An unencrypted laptop may be a breach notice. The steps above matter, but that one fact decides how the next month goes.
The premise of breach notification laws is that people deserve to know when someone else may have their personal information. The catch, for the business, is that most of those laws define “personal information” in a way that leaves encrypted data out. Florida is a good example. Section 501.171 of the Florida Statutes excludes information that is “encrypted, secured, or modified by any other method” that makes it unusable, and where notice is required it must go to affected people no later than 30 days after the business determines there was a breach (or has reason to believe one occurred). If 500 or more Florida residents are affected, the state Department of Legal Affairs has to be told as well. Georgia, Alabama and Tennessee have their own versions, and they differ in the details. We have written up Florida’s breach notification law separately.
Health information follows a similar pattern under HIPAA. HHS treats protected health information that has been encrypted to its guidance as “secured,” and the breach notification rule applies to unsecured information. A medical practice that loses an encrypted laptop is in a very different position from one that loses an unencrypted one.
Two cautions. Encryption only helps if the key was not with the laptop. A recovery key on a sticky note in the laptop bag, or a laptop that was stolen while signed in and awake, may not count. And none of this is legal advice. It is general information about how these laws tend to work. Whether your particular loss needs a notice is a question for your attorney and your insurer, and you want to ask it early, because the clock in most states starts when you determine there was a breach.
Picture a 30-person accounting firm. On a Monday in tax season, a staff accountant’s laptop is taken from a car. It holds a synced folder with about 400 client returns, which include names, Social Security numbers and bank account details.
In version A, the firm’s laptops are managed and BitLocker is enforced by policy. IT revokes the accountant’s sessions within twenty minutes, sends a wipe, and pulls a console screenshot showing the drive was encrypted with the key held in Entra ID. The firm files a police report, tells its insurer, and its attorney concludes that no notice is needed. The cost is a new laptop and a lost afternoon.
In version B, nobody ever turned encryption on. The same 400 clients now probably need letters, the firm may owe notice to state regulators depending on where those clients live, and the insurer gets involved in forensics and credit monitoring. Same laptop, same thief. The difference was one setting turned on, possibly years earlier.
If you read this before anything has gone missing, you are in the best position there is. The fixes are mostly boring and mostly one-time.
Most of this overlaps with what you already need when someone leaves the company. Our employee offboarding checklist uses the same controls.
Not sure whether every laptop in your office is encrypted right now? That is one of the things our free Technology Health Assessment checks. It takes 30 minutes of data collection, and you get a plain-language report the next day that is yours to keep. Book your free assessment.
Through our cybersecurity service we turn on encryption by policy, enroll devices, hold recovery keys, and help you answer the “was it encrypted?” question with evidence when a laptop does go missing. We are not your lawyers, and we will tell you when it is time to call them. In my experience, the firms that get through a lost laptop calmly are the ones that never had to search for the recovery key.
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Usually yes, once you have revoked the user’s sessions and noted what was on it. Bear in mind the wipe only runs when the laptop connects to the internet, so it is a backup plan. Encryption is what protects you while the laptop stays offline.
It depends mainly on whether the drive was encrypted and what was on it. Many state laws, including Florida’s, leave encrypted data out of the definition of personal information. This is general information, so confirm your situation with your attorney and your cyber insurer.
Check your device management console (Intune, Jamf, Google endpoint management or similar). It shows BitLocker or FileVault status and holds the recovery key. If the laptop was never managed, you may not be able to prove it, which is a problem in itself.
Read your policy, but in most cases tell them early. Many policies have notice requirements and want you to use their approved breach counsel before you send any letters.