Category Archives: 2017 legislative issue

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…

3 Ways State Attorney Generals Play a Role in State Data Security Legislation

  • 23 of the 47 states that have data breach laws require the state Attorney General to be notified
  • State Attorney Generals litigate data breaches
    • in Texas, the Attorney General reached a settlement with Paypal app, Venmo, for $175,000 requiring the company to “improve disclosures regarding security and privacy”
  • many state Attorney Generals set policy like hio Attorney General who launched, CyberOhio

Lexology | McGuirre Woods | In Data Privacy, Don’t Forget the State Attorneys General

Data Security Hits Federal Procurement Standards. Read the Tea Leaves for the States.

To meet federal data security requirements in contracts, GSA added Adobe’s data-centric security and electronic signature solutions to GSA’s IT Schedule 70.

The key facts from GSA:

  • Increased acquisition efficiency for data security and electronic signatures.
  • Over $350 million in potential cost savings for the American taxpayer.
  • Agencies will be afforded tiered discounts by leveraging the buying power of the federal government.
  • Reduced contract duplication and administrative cost with…

Holiday Gifts = Data Security Threat. Welcome to legislating gift giving.

The gift: talking dolls

The data security threat: The dolls record, without consent, children’s voices and saves the voices.

The laws and rules at issue both federal and state: Deceptive Trade Practices Act. Federally enforced by the FTC, and by the AG in Texas. 

Wallstreet Journal | Talking Dolls Pose Privacy Risk to Children, Advocacy Groups Allege

Data Security in beyond traditional HIPPA medical information.

What medical information isn’t covered by HIPAA?genomic, lifestyle, financial, environmental and other information that wearbale devices and meters store

Is all the genomic and lifestyle data HIPAA worthy? Some of it probably should be covered

What do we need to know about geonomic and lifestyle data? We have to think about medical information outside the traditional format. 

Security Privacy & the Law | Cybersecurity 2017 – The Year In Preview: HIPAA Compliance

Procurement Opportunities. 3 Data Security Recommendations. Senate Business and Commerce.

Senate Business & Commerce interim report offers these recommendations on cybersecurity:

  • the voluntary nature of state cybersecurity policies are a problem (i.e. need more requirements with hint, hint: more procurement opportunities)
  • require technical risk assessments at state agencies
  • USE PRIVATE SECTOR TECHNOLOGIES like cloud storage

A plethora of procurement opportunities abound.

Data Security Pops Up in Self Driving Car Regulations. The Key Intel:

What’s missing from self driving car regulations? Assurances that governmental agencies aren’t trying to gather data.

What type of data could be collected about a self driving car?

  • identifying information including:
    • names,
    • phone numbers
    • credit card info
    • usage data
    • real-time and historic geolocation data

The legislative/policy/regulatory buzz word? Privacy.

Tech Crunch | Lyft wants more explicit protection of consumer data from NHTSA on self-driving

Policy Consideration: Ethical to Purchase Data Breach Information?

Can a business buy a list of breached users from another business for the purpose of notifying the hacked users?

uh, what? Facebook wants to buy a list of hacked users from another comapny so it can don the white hat and tell its members they were hacked.

For your consideration while legislatures consider how to protect consumers whose information has been hacked. Anyone for a prohibition on the sale of the hacked information?

CSO | Security experts divided on ethics of Facebook’s…

Business Trend. Health care and Tech. By 2018, 70% of health care will be tech driven. 7 Upcoming trends to be regulated

Apple is poised to enter health care in these 7 ways:

  • clinical trial partnership with Beth Israel Deaconess Hospital
  • precision medicine initiative with Scripps Translational Science Institute
  • partnered with IBM, Johnson & Johnson and Medtronic on cognitive computing platform called Watson Health Cloud
    • offering  tailored data analytics services to clinicians
  • bought a health care tech firm to advance interoperability by aggregating health data into a single digital patient…