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Anatomy of a Data Breach law in New Jersey

What additional information is protected:

  • user name
  • email address
  • any other account holder identifying information
  • + in combination with any password or security question and answer that would permit access to an online account

Can notice be given to a consumer electronically? Yes, unless it was the account that was breached

The bill: A-3245 (2019 | NJ)

National Law Review | New Jersey’s Data Breach Notification Amendment Signed into Law 

Inside NJ | Caputo & Murphy Bill Requiring…

Anatomy of a Data Security Bill in North Carolina

The legislation: HB 904 (2019 | NC)

How does it impact businesses: Creates a duty on businesses to maintain reasonable security procedures and practices

Notification time frame: 15 days

Free credit freezes, thaws and monitoring? yes, yes and yes

Consent: Requires consent to access a consumers credit report

NC Attorney General Talking Points on HB 904 

Local TREND. It's Official. City Bans Facial Recognition

Where: San Francisco

What else does the ban on facial recognition tech by municipal entities and local law enforcement do ? 

  • requires disclosure of surveillance technology they currently use
  • requires approval from the Board of Supervisors on any new technology that either collects or stores someone’s data

What are supporters saying?

  • “This is really about saying we can have security without being a security state.”
  • “We can have good policing without being a police state.”

2 More cities set…

Business TREND. 3 Ways Tech Business Spin Data Privacy/Data Security

  • Facebook
    • The future is private
    • We will make your information private
  • Google
    • What you get in return is more valuale
    • We make it wasier for you to navigate the world, so its all ok
  • Microsoft
    • We can make your elections safer
    • “privacy is a human right”

What do they say to legislators? Trust US

What do they say to consumers? We won’t misues your data, AKA trust us

What are they saying to investors? There won’t be any regulations, trust us, returns will be great still

Fast Company…

Lege TREND. Tax Data Use by Entities that Retain, Hold and Track Your Data

Where is this proposal progressing? California

What is the proposed fee/tax? Data Dividend to be paid by businesses that hold.sell,track, sell data

The messaging: “We trade it away for so much of our experience on the internet. Money from a data tax could begin to counter this trade imbalance.”

Governing | Should Big Tech Be Taxed for Using Our Data?

Lege TREND. 3 Ways Tech Companies Lobbying Against Data Privacy laws

 

  • Carving out exceptions to the  California Consumer Privacy Act
    • The message: “addressing workability issues from a business compliance standpoint, to strengthening the law from a consumer and privacy protection standpoint”
  • Coalition of business entities including:
    • Internet Association
    • TechNet
    • Consumer Technology Association
    • Chamber of Commerce
    • Large Tech Companies
    • Wireless Association,
  • Plausible Deniability
    • Tech Companies and associations are not attending technical…

Lege TREND. Facial Recognition Software & Public Education.

State : New York

Legislation: AB 6787 (2019 | NY)

What does this bill do? 

  • Prohibit schools from using biometric software for 1 year
  • Study the use and safety of biometric identifying software
  • Make recommendations for the use of biometric software to further school safety

Lockport Union Sun Journal | Bill calls for study of facial recognition systems in schools 

Regulatory TREND. Anatomy of an Attorney General Investigation into a Healthcare Data Breach.

What type of healthcare data breach? electronic health information was exposed online 

How did it happen? a misconfigured web setting

What went wrong with notification that caught the Michigan Attorney General’s attention? Patients were receiving notifications addressed to other patients and contacted the Attorney General

Health IT Security | Michigan Attorney General Looking into Inmediata Breach, Mailing Error