Incident Response Plan

Incident Response Plan

Create a data breach and security incident response plan for "$ARGUMENTS". Define incident classification, response procedures, notification requirements, communication templates, and post-incident review processes.

Note: AI-generated legal content does not constitute legal advice. Consult a qualified attorney.

Prerequisites

Check that .metapowers/legal/$ARGUMENTS/00-assess.md exists. If it does not exist, stop and tell the user:

"Run an Assess skill first (e.g. /legal:risk-assessment $ARGUMENTS) to generate the prerequisite assessment artifact."

If the user passes --skip-checks, bypass this check and log the skip to .metapowers/legal/$ARGUMENTS/skip-log.md with a timestamp and the reason "Prerequisite check skipped for incident-response-plan".

Process

1. Read inputs:

   • Read .metapowers/legal/$ARGUMENTS/00-assess.md for risk, jurisdiction, and data practice context
   • Read any existing security or compliance artifacts in .metapowers/legal/$ARGUMENTS/ for additional context

2. Define incident types and severity classification:

   • P1 — Critical: confirmed data breach with sensitive personal data exposed, ransomware with data exfiltration, compromise of authentication systems, regulatory notification thresholds met
   • P2 — High: unauthorized access to systems containing personal data, significant service disruption, suspected data breach under investigation, insider threat confirmed
   • P3 — Medium: attempted unauthorized access (blocked but notable), minor data exposure (non-sensitive, limited scope), malware detection on non-critical systems, policy violations with data implications
   • P4 — Low: phishing attempts (no compromise), minor policy violations, vulnerability discovered (not exploited), suspicious activity under monitoring
   • Escalation criteria between severity levels

3. Create detection and identification procedures:

   • Technical detection sources (SIEM, IDS/IPS, endpoint detection, DLP, log monitoring)
   • Human reporting channels (employee reporting, customer complaints, partner notifications, threat intelligence feeds)
   • Initial triage checklist (what happened, when, what systems/data affected, is it ongoing, initial severity assessment)
   • Documentation requirements from point of detection

4. Define incident response team:

   • Incident Commander — overall coordination, decision authority, stakeholder communication
   • Technical Lead — technical investigation, containment, remediation
   • Legal Counsel — notification obligations, regulatory requirements, privilege considerations, law enforcement liaison
   • Communications Lead — internal and external communications, media handling
   • Executive Sponsor — business decisions, resource authorization, board reporting
   • Contact information and escalation paths (primary and backup for each role)
   • External resources (forensics firm, outside counsel, crisis communications, cyber insurance carrier)

5. Containment procedures:

   • Immediate containment (first 1-4 hours) — isolate affected systems, preserve evidence, block attack vectors, activate incident response team
   • Short-term containment (4-48 hours) — implement temporary fixes, enhanced monitoring, assess scope
   • Long-term containment — system rebuilds, credential resets, architecture changes
   • Decision framework for system shutdown vs. monitored containment
   • Evidence preservation requirements during containment

6. Investigation steps:

   • Root cause analysis methodology
   • Scope determination (what data, how many records, which individuals, geographic scope)
   • Affected data and individual identification
   • Attack vector and timeline reconstruction
   • Forensic evidence collection and chain of custody
   • Engagement criteria for external forensics

7. Notification requirements by jurisdiction:

   • GDPR (EU): 72 hours to supervisory authority (Article 33), without undue delay to individuals when high risk (Article 34)
   • US state breach notification laws: varies 30-90 days depending on state (document requirements for each applicable state)
   • Sector-specific: HIPAA — 60 days to HHS, individuals, and media (if 500+ affected); GLBA — 36 hours to primary federal regulator; PCI DSS — immediate to acquiring bank and card brands
   • Other jurisdictions: document notification requirements based on assessment context
   • Notification content requirements per jurisdiction
   • Attorney General notification requirements
   • Credit monitoring obligations

8. Draft communication templates:

   • Regulatory notification — nature of breach, categories and approximate number of data subjects, DPO contact, likely consequences, measures taken
   • Affected individual notice — plain language description, data involved, steps taken, recommended protective actions, contact information for questions
   • Media statement — brief factual statement, commitment to transparency, contact for inquiries
   • Internal communication — employee notification, management briefing, board notification
   • Customer FAQ — anticipated questions and approved responses
   • Version control and approval workflow for all communications

9. Evidence preservation procedures:

   • System logs and their retention
   • Forensic image requirements
   • Chain of custody documentation
   • Legal hold procedures
   • Attorney-client privilege considerations for investigation materials

10. Post-incident review process:

    • Lessons learned meeting (within 1-2 weeks of incident closure)
    • Root cause analysis documentation
    • Control improvement recommendations
    • Policy and procedure updates
    • Training needs identified
    • Metrics tracking (detection time, containment time, notification time, total resolution time)

11. Tabletop exercise plan:

    • Exercise scenarios (one per incident type/severity)
    • Participant roles and preparation
    • Exercise facilitation guide
    • Evaluation criteria
    • Recommended frequency (at minimum annually, quarterly for high-risk organizations)
    • Documentation and improvement tracking

12. Write the artifact to .metapowers/legal/$ARGUMENTS/03-comply.md with frontmatter:

    ---
    description: Incident response plan for $ARGUMENTS
    ---
    

    Include sections:

    • Incident Classification — types and severity levels (P1-P4)
    • Detection and Identification — sources, channels, and triage procedures
    • Incident Response Team — roles, contacts, and escalation paths
    • Containment Procedures — immediate, short-term, and long-term actions
    • Investigation Framework — root cause, scope, and forensics
    • Notification Requirements — jurisdiction-by-jurisdiction obligations and timelines
    • Communication Templates — regulatory, individual, media, and internal templates
    • Evidence Preservation — collection, custody, and legal hold procedures
    • Post-Incident Review — lessons learned and improvement process
    • Tabletop Exercise Plan — scenarios, facilitation, and schedule
    • Compliance Gaps — identified gaps with remediation recommendations

Output

The incident response plan written to .metapowers/legal/$ARGUMENTS/03-comply.md. Present a summary to the user highlighting:

• Incident severity classification (P1-P4) defined
• Incident response team roles identified
• Notification requirements by jurisdiction with timelines
• Communication templates drafted
• Tabletop exercise plan and recommended frequency
• Critical gaps in current incident preparedness