Glossary

Incident response plan: definition for WISP compliance

16 CFR 314.4(h) requires a written incident response plan for non-exempt firms, and 314.6 identifies when that written-plan subpart is exempted. An incident response plan is the written process for detecting, containing, investigating, escalating, and recovering from a security event. Tax and financial firms need fast decision records because IRS, state, insurer, and customer notice duties can overlap.

Key facts

  • An incident response plan is the written process for detecting, containing, investigating, escalating, and recovering from a security event.
  • Tax and financial firms need fast decision records because IRS, state, insurer, and customer notice duties can overlap.
  • The term should be used consistently in the WISP, incident response plan, and access control policy.

Key takeaways

  • Definitions are operational: they should help a small firm decide what to do and what evidence to keep.

What does incident response plan mean under the FTC Safeguards Rule?

16 CFR 314.4(h) requires a written incident response plan for non-exempt firms, and 314.6 identifies when that written-plan subpart is exempted. An incident response plan is the written process for detecting, containing, investigating, escalating, and recovering from a security event.

Tax and financial firms need fast decision records because IRS, state, insurer, and customer notice duties can overlap.

Worked example

A collection agency's plan routes a placement-file breach through containment, client notice, forensic preservation, regulator/counsel review, consumer-count analysis, and evidence collection.

The example belongs in the policy packet only if it matches the firm's actual systems, vendors, and evidence records. Otherwise, it should become a remediation or counsel-review note.

What small firms get wrong

Small firms often keep a generic breach checklist without names, decision owners, vendor contacts, state-review triggers, or evidence of when the clock started.

The fix is to tie the term to a concrete record: a system inventory, access list, vendor list, incident log, training record, or dated control screenshot.

Incident response plan in context
Where it appearsWhy it mattersProof example
WISP16 CFR 314.4(h) requires a written incident response plan for non-exempt firms, and 314.6 identifies when that written-plan subpart is exempted.Annual review record
Access Control PolicyConnects roles to permissionsUser access list
Incident Response PlanGuides escalation and notice decisionsIncident log

FAQ

Is this legal advice?

No. Policywright is a documentation product, not a law firm, and nothing here is legal advice. A qualified lawyer should review state-law reliance or breach-notification decisions.

Does a small firm still need a written plan?

Yes. The Safeguards Rule requires a written information security program for covered financial institutions, and IRS guidance tells paid tax preparers to maintain a written data security plan.

What if a control is not in place yet?

A serious WISP should not pretend. It should identify the gap, assign an owner, set a target date, and preserve a dated remediation record.

Sources

Turn definitions into working policies.

Policywright uses clear terms and source-cited clauses across the full policy packet.

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Policywright is a documentation product, not a law firm, and nothing here is legal advice. State breach deadlines and legal reliance should be reviewed with qualified counsel before launch or use.