CISM Incident Management Practice Question
During a data breach investigation, an organization engages an external forensics firm. To preserve attorney-client privilege, which of the following is the BEST practice?
⚠ Common exam trap
Candidates often confuse confidentiality (NDA) with legal privilege, or assume operational independence (reporting to CISO) is acceptable, when only attorney-directed engagement preserves privilege under evidentiary rules.
Answer choices
Why each option matters
Answer the question above first, then reveal the full breakdown to understand why each option is right or wrong.
Correct answer & explanation
✓
Engage the forensics firm under the direction of legal counsel.
Engaging the forensics firm under the direction of legal counsel is the best practice because it extends attorney-client privilege to the investigation. When counsel directs the work, communications and findings are protected as work product, preventing disclosure in litigation. This is a foundational principle in incident response legal strategy.
Answer analysis
Option-by-option breakdown
For each option: why learners choose it and why it is or isn't the right answer here.
- ✓
Engage the forensics firm under the direction of legal counsel.
Why this is correct
This helps ensure that findings are covered by attorney-client privilege.
- ✗
Have the forensics firm work independently to maintain objectivity.
Why it's wrong here
Independence is important, but privilege requires legal counsel involvement.
- ✗
Ensure the forensics firm signs a non-disclosure agreement only.
Why it's wrong here
NDA is important but does not establish privilege.
- ✗
Have the forensics firm report directly to the CISO.
Why it's wrong here
Direct reporting may not preserve privilege; legal oversight is needed.
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JA
Written by Johnson Ajibi, MSc IT Security
Senior Network & Security Engineer · founder of Courseiva
This CISM practice question is part of Courseiva's free ISACA certification practice question bank. Courseiva provides original exam-style practice questions with explanations, topic-based practice, mock exams, readiness tracking, and study analytics to help learners prepare for the CISM exam.