Data Security Sample Bills: Protect Minors, Students, Health Care Data & More

In 2014 California passed a number of data security bills to protect students, consumers and patients, including:

  • Privacy Rights for California Minors in the Digital World (California’s SB 568)

    •  Prohibits marketing or advertising alcohol, firearms and tobacco to minors

    • Prohibits using, disclosing, or compiling a minor’s personal information (or permitting a third party to do so).

    • Intended…

$5.6 Billion: The 2015 Cost of Health Care Data Breaches

$5.6 Billion buys a lot of tongue depressers. Its also the expected cost of data breaches in the health care industry for 2015 according to the 2015 2nd Annual Data Breach Industry Forecast by Experian. Highlights from the forecast :

  • A Ponemon Institute survey found that 72% of healthcare organizations indicated they are only “somewhat confident” or “not confident” in the security and privacy of patient data. 
  • Increasing data security by health care organizations cou…

FTC Has Authority to Pursue Data Breach Enforcement

FTC and FCC are both regulating data breaches. FTC pursued an enforcement action against Wyndham Hotels, which then challenged the FTC’s regulatory authority. 

In a case watched by many corporations, the courts said yes, the FTC has regulatory authority to take enforcment actions related to data breaches.  

In late 2014, the U.S. Court of Appeals for the Third Circuit ordered the parties to mediation to save all parties time and money.   adminPosted indata privacy, legal trend, legislative trend

Kerfuffle: Financial Institutions v. 6 Retailer Groups- Which Bears the Financial Burden for a Data Breach?

The fighters for financial institutions:   Independent Community Bankers of America  

The fighters for retailers: Retail Industry Leaders Association, National Retail Federation, National Grocers Association,  Merchant Advisory Group, National Association of Convenience Stores, Food Marketing Institute, &  National Restaurant Association 

 Why did the kerfuffle start: Banks assert that they absorb the heaviest burden “f…

Healthcare Data Must Be Addressed When Crafting Data Security Laws

Federal Health and Human Services has pursued a string of health care data breach claims against health care providers.

Health care data is protected under HIPAA, and data breach issues could also fall under data security laws and regulations.  

For refresher on the HHS settlement with Anchorage Community Mental Health Services, see Association of Corporate Counsel. 

Trend: Insurance for Cyber Security

Forecasting trends related to hacking/data breaches/cyber security is a hot topic. Just look at the plethora of class action lawsuits, and the Sony hack that led to pulling the film, The Interview, and its own set of lawsuits.

In an interview with the WallStreet Journal Legal Writer Dan Dipietro, a cyber security expert says he expects cyber security insurance to soon be part of the ordinary course of business.  

adminPosted indata privacy, legal trend, legislative trend, retail data breach