Federal Secure Data Act- Disallow Law Enforcement Surveillance

Tech companies (makers of computers, phones, tablets, etc… & software companies) are getting protection under a bill By Sen. Wyden.  

Think of all the personal privacy bills in Texas during 2013- drones, license plate capturing, photography protections… Texas loves protecting personal privacy from big brother. 

The Wyden bill would prohibit law enforcement from requiring tech companies to make it easy for law enforcement to access data and devices. Closing this exce…

Lawmakers: 500 Million Financial Records Hacked in 2014. Need Policy Fixes.

Lawmakers wants to know what financial institutions are doing to keep financial data secure. This applies to state and federal lawmakers.

National press focuses on federal lawmakers. So, here we go: Sen. Warren and Rep. Cummings want to know which banks have experienced cyber attacks. They claim 500 million records have been hacked from financial institutions in the last year, and they want solutions to fix it.

We all know this will first get fixed on the state level,  like…

Sony Pictures Data Breach Leads to Lawsuits

Data breaches and law suits go together like PB&J- pear, brie and jambon.

Sony faces a class action lawsuit from former employees, who claim Sony had knolwedge of the data security weaknesses & did nothing to correct or protect confidential information.

The data breach leak included personal & confidential employee information, and their lawsuit is limited to the leaking of the employee information.   adminPosted indata privacy, legal trend, legislative trend

3 Articles on Banks and Credit Unions Suing Retailers After a Data Security Breach

Winter 2013 brought a large data breach for Target. Various lawsuits ensued. Financial institutions sued. Individuals sued.

Target had sought to dismiss the suit brought by 5 financial institutions. The judge said, “NO,” in one of the first rulings of its kind allowing financial institutions to sue retailers for data breaches. 

Judge Magnuson also said, “imposing a duty on Target in this case will aid Minnesota’s policy of punishing companies that do not secure consumers’ c…

Health Care Data Security. HHSC Offers 3 Legislative Proposals

HHSC gave the House Committee on Public Health and the Senate Health and Human Services Committee a holiday gift- a report on data security.

The report lays out plans for rulemaking and legislative recommendations, including new requirements for providers: 

  • Amend the Texas Medical Records Privacy Act (the “Act”), Chapter 181, Health and Safety Code, to include reference to electronic PHI security requirements similar to those inclu…

Data Security Legislation Predictions for Financial Institutions

Legislation predictions from Bankers: 

  • Banks required to appoint chief information security officers
  • Banks to undergo quarterly tests for information system vulnerabilities
  • Required review of these third-party contracts and relationships
  • Standard set of protocols that banks must follow
  • Tort issues like: 
    • assign legal duties and responsibility
    • illuminate investor or shareholder disclosure obligations
  • <...