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Performing due diligence on all data and security protocols when selecting and monitoring vendors;
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Developing privacy provisions for contracts with TPAs and other service providers over and above standard confidentiality agreements;
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Limiting access to sensitive information to necessary personnel;
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Training personnel on the law and the fiduciary responsibilities;
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Developing written policies and procedures detailing for personnel the applicable state and federal…
Monthly Archives: May 2016
Banking Regulator Announces 2 New Data Security Initiatives
The FDIC announced on May 9th, 2 new data security initiatives:
- improved software to force encryption of portable devices
- hiring of a third party to assess FDIC information technology security and privacy programs
Bloomberg BNA | FDIC Takes New Initiative on Data Security Following Breaches
Executive GOV | FDIC Plans New Security Measures After Retroactive Data Breach Report
TREND in data hacking. SEXTORTION.
Will this be a legislative trend? Yes, because sextorition is not a crime. Individuals are charged under usual hacking crimes.
How does sextortion differ from ransomware?
- Ransomware is about money
- Sextorition is about power
- Ransomware holds your computer hostage
- Sextorition threatens to expose “secrets” unless certain nude images are transmitted
Who are the victims?
- 71% are under 18
- 91% are targeted by social media manipulation
- 7.3 years is the average state criminal sentence
- 29…
A State Attorney General Supports Federal Preemption for Data Security.
Georgia Attorney General at the National Association of Attorneys General said:
“I frankly think it’s absurd that there are 30 or 40 different state laws on cybersecurity and breach.”
Reed Smith LLP | Georgia Attorney General Supports Federal Data Breach Standard
INTERIM. How 1 State Protects Health Care Data. 3 Key Points.
In 2015, New Jersey expanded its data breach laws to apply to include these health care information holders that service New Jersey patients:
- health insurance companies
- health service corporations
- hospital service corporations
- medical service corporations
- health maintenance organizations
New Jersey also adopted new encryption standards that:
- Encrypt confidential patient information or secure personal information
- Utilize any method of technology rendering the information…
FBI Advice. Ransomeware Data Breach Attack.
The FBI advice for ransomeware attacks, which hold a businesses data hostage for a ransom:
DO NOT PAY THE RANSOM.
Refresh my memory, what are some of these ransomeware attacks? Several hospitals in California have had their systems frozen by ransomeware, forcing a move to manual paper hospital administration. The ransoms have been as small as $8,000.
Legal Trend. Future Harm Enough to Sue a Business on a Data Breach. +1 Appellate Circuit. -1 for Businesses.
Which appellate court are we talking about? 7th Circuit
What did they do to keep a data breech law suit alive? held that the threat of impending future harm from a data breach was enough to keep a data breach lawsuit alive
Lexology | Seventh Circuit Reinstates Data Breach Suit Against P.F. Chang’s
Lege TREND. Health Care Data Breach Law Moving in West. 5 Keys for your Healthcare Clients. Give them the bill before it comes to Texas.
Which state is considering new health care data breach laws? California
What health companies are the targets of new data security laws? wearable devices and consumer-facing apps that track health data like steps taken, heart rate, etc…
Read the bill: California Assembly Bill 2688
The bill’s highlights:
- require customers’ permission—via an “opt-in” request
- Without an opt-in, personally identifiable information cannot be shared with advertisers, health plans, data…
TREND. State Attorney General Announces Increase in Data Breach Notifications. Get your Business Clients Up to Speed Fast
Which Attorney General announced a 40% increase in data breach notifications? New York Attorney General Eric T. Schneiderman
Why does the state A.G. track data breach notifications? In NY, businesses must notify the A.G. of a data breach and the A.G. assists in reaching consumers
Has the state improved efficiency for businesses reporting data breaches? Yes, the state moved to an electronic, web-based reporting system
Hudson Valley News Network | A.G. Announces Record Data Breach…
Lege Trend. Hack a Car. Go to Prison for Life. Read the Bills.
Michigan is proposing life in prison for someone who is convicted of either:
- hacking a vehicle to gain control over it; or
- stealing a vehicle’s data by hacking.
Tech.Mic | Get Caught Hacking a Car and You Could Get Life in Prison, Thanks to Proposed Bill