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Empire Governor State Cyber Security Plan. 3 Point Plan.

New York Governor Andrew Cuomo set forth his plan for protecting the cybersecurity of New Yorkers by:

  • Creating a “response team” to handle confidential information breaches from state & local governments 
  • Create a graduated system of punishments for computer tampering crimes based on the amount of damage
  • More severe punishments for identity Theft

New York Law Journal | Cuomo Promises New Cybersecurity Measures in 2017

New Regulations. Medical Device Hacking.

What entity promulgated new medical device cybersecurity rule guidance? The FDA

What prompted the new guidance? Claims of heart device hacking

Policy Issues around medical device hacking:

  • assess whether the risk of patient harm is sufficiently controlled or uncontrolled
  • protection of PHI- protected health information- by devices
  • comprehensive risk management programs
  • NIST cybersecurity protocols should be the standard

Medical Marijuana Data Breach Leads to Offline State Records.

Where did the data breach occur? State of Nevada medical marijuana database

How many people had personally identifiable records affected? more than 11,000, but no patient records

The response by the state: Take the database offline

Weed News | Nevada Medical Marijuana Data Breach Highlights Need For Industry Information Security

Reno Gazette Journal | Thousands of Nevada medical marijuana dispensary applications exposed online

State Financial Data Security Rule Proposal Revision. 6 Key Pieces of Intel.

The state upping the ante on data security rules for the finance industry: New York

The new New York rules announced December 28th will:

  • Effective Date will be March 1, 2017 instead of January 1st
  • Require annual reporting to the state about data security compliance
  • Requires financial institutions to maintain comprehensive audit trails
  • Mandatory reporting of any cybersecurity event within 72 hours
  • Financial institutions must appoint a Chief Information Security Officer…

Data Breach Legislation & Regs. Carrot & the Stick. The Stats & The Regs.

What do you need to know about data breaches?

The carrot & the stick:

  • Increase the accountability of entities that hold data
  • By requiring the entities to shoulder more of the cost of a breach
  • Allow these entities to offer “credible security signals to the market” to provide a benefit to the entity

Tech Crunch | The carrot and stick of data breaches

Student Records Data Breach Prompts Legislation in Old Line State

The state: Maryland

The data breach: Student records, including names, brthdates and Social Security numbers in Frederick County Public Schools

Why legislation was triggered? 

  • A state senator didn’t think he was getting enough answers from education officials
  • An April 2015 audit called for increased data security measures for student data

The legislative proposal: 

  • Requiring up to 5 years of identity and credit monitoring for data breach victims
  • Not require schools to transfer…

AMA. 8 Principles for Mobile Health Data Protection. The Key: State laws & regulations.

  • Support the establishment or continuation of a valid patient-physician relationship;
  • Have a clinical evidence base to support their use in order to ensure mHealth app safety and effectiveness;
  • Follow evidence-based practice guidelines, to the degree they are available, to ensure patient safety, quality of care and positive health outcomes;
  • Support care delivery that is patient-centered, promotes care coordination and facilitates team-based communication;
  • Support data portability and…

Legislating. Regulating. Information the Vehicles Store.

On the horizon is rulemaking to make cars talk to each other. Cars will transfer information about how the car is moving and where it is, that gives rise to these legislative and regulatory questions?

  • Can the data stored or transmitted by cars be used in tort litigation?
  • Can the data stored or transmitted by cars be used in any litigation?
  • Do data breach standards apply of this information is hacked?

The future is here. U.S. Department of Transportation is proposing new rules to require…