3 Reasons New Laws Needed for Cloud Data

A lawyer for Google says new laws are needed to cover data stored on the cloud for these reasons:

  • Clear guidance for law enforcement and corporations
  • Takes corporations out of the untenable position of being in the middle between customer privacy and law enforcement
  • Laws crafted before cloud storage are not keeping up. Cloud data can’t be treated like paper documents

The Recorder | Google Lawyer Says New Laws Needed to Govern Cloud Data

Lege Trend. Data protection. Email Protection. Less Government Intrusion. More Warrants.

The Legislature: Congress

The data protection bill: Email Privacy Act to update a 1986 law on email

Where is the bill? It passed the House and is moving to the Senate

What’s the fundamental change in the Email Privacy Act? To universally require warrants for emails stored on 3rd party servers

Is this in line with industry standards? Yes, Google, Facebook, Apple, Microsoft and Verizon require warrants before they release emails stored on their servers

The Hill | House passes bill requiring…

Lege Trend. Mandating ID Protection Post Hack. Who pays? A Win for Procurement.

State: California

Who pays for ID Protection when a private corportation has a data breach? The corporation

Who currently pays for ID protection when a locla government has a data breach? The person whose data was hacked

Is there a bill to make local governments pay for ID protection when a hack occurs? Yes, California Assembly Bill 241

Government Technology | When a Data Breach Happens, Will California Pay for Protection?

Lege Trend: Western Neighbor Data Breach Bill Applies to All.

Long gone are the days when data breach notifications only applied to retailers, or so says New Mexico.

The Bill: House Bill 15 (2017) The Data Breach Notification Act

What it does:

  • Any person who possess personal information about a New Mexican has 30 days to disclose any data breach
  • Requires the state attorney general office to work with any person who has suffered a data breach that triggers notification to New Mexicans.

KOB 4 | Lawmaker sponsors data breach notification bill

 

Regulatory Trend. Fining Companies That Track Your Electronics without Notice.

The Company: Vizio 

The privacy breach:  installed software in televisions that recorded consumers tv habits

The regulatory enforcement: Federal Trade Commission and the New Jersey Attorney General

The fine: $2.2 million + must delete customer data by March

Engadget | Vizio tracked and sold your TV viewing habits without consent (updated)

TX Hospital. Data Security Civil Penalty. 4 Key Points.

the hospital: Children’s Medical Center of Dallas 

the data security charge: years of noncompliance with HIPAA rules and after failing to request a hearing on the penalty. Since 2010 the hospital used unencrypted devices to store HIPAA protected info

the regulator: U.S. Department of Health and Human Services’ Office for Civil Rights

the fine: $3.2 million civil money penalty

Day Pitney LLP | United States: Hospital Hit With $3.2M Penalty for Ongoing Health Data Security Lapses

Lege Trend: State Agency on CyberSecurity. +1 More Western State.

Add Nevada to the list of states moving to create an Office of Cyber Defense. Governor Sandoval proposes funding it with $3.5 million.

The Office of Syber Defense will be within the Nevada Department of Public Safety and will offer assistance to local government agencies and private industry.

Las Vegas Review Journal | Marijuana, cybersecurity among debates to happen in Nevada Legislature

Lege Trend. Cyber Security and Public Education Curriculum in the Golden State.

Where: California

How is cybersecurity impacting education statutes? Requiring instruction on determining truth. 

Is this a way to repsond to fake news and election hacking? Yes. 

How did they wrap this up in pretty policy words?  By requiring instruction in “civic online reasoning” means the ability to judge the credibility and quality of information found on Internet Web sites, including social media.”

California’s AB 155 (2017)