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 

Lege TREND. Tech Rich State. Yes to Data Breach Bill. No to Data Privacy Bill.

State: Washington

The bills that succeeded: HB 1071 (2019 | WA)

What does the data breach bill do?

  • 30 days to notify the state Attorney General and consumers (down from the current 45 days)
  • What information triggers a breach notification?
    • Social Security numbers
    • driver’s license numbers
    • state ID numbers
    • financial account information
    • full birth dates
    • health insurance ID numbers
    • medical histories
    • student ID numbers
    • military ID numbers
    • passport ID numbers
    • username-password…

Lege TREND. Anatomy of a Failed Data Privacy Bill in a Tech State

Washington State Legislature did not enact SB 5376, a GDPR like data privacy bill, here are some reasons why:

  • Supporters, privacy advocates, started calling for a stronger bill
  • Critics harped on the bill still permitting facial recognition software
  • Negotiations did not include more than 1 Republican and no consumer advocates

SC Magazine | Washington state legislature passes data breach law, but punts on privacy law

Business TREND. Nonprofit for Campaign CyberSecurity

Who: Defending Digital Campaigns, the nonprofit spinoff of a Harvard cybersecurity project

What: FEC is considering allow campigns to get free cybersecurity help

Why? Elizabeth Warren, Kamala Harris are disclosing funds spent on cybersecurity and the retention of cybersecurity experts

The catch: the nonprofit is founded by Hillary Clinton’s campaign manager

Slate | This Nonprofit Wants to Offer Political Campaigns Free Help With Cybersecurity

Lege TREND. Revisiting How one State Responded to Equifax Breach

State: Massachusetts

Legislation: H 4806 (2018 |MA)

What did Massachusetts enact?

  • consumer consent before any third party can obtain the consumer’s credit report
  • free credit freezes and thaws
  • entieis that have suffered a data breach have enhanced reporting requirements
  • free credit monitoring to affected consumers

Leominster Champion | Governor Signs Bill to Enhance Credit Data Security

 

Lege TREND. Bill lets Texas Sue Social Media.

What? SB 2373 (2019 | TX) 

What legal challenges would be allowed? Deceptive Trade Practices Act challenges

What does this mean? Know those press releases from the Attorney General Office about how much its collected in fines (hint: it is A LOT). Yes, it means business fines.

Texas Tribune | Texas bill would allow state to sue social media companies like Facebook and Twitter over free speech

Lege TREND. Anatomy of an election security bill

Where: Georgia

The legislation: HB 392 (2019 | GA) 

What would this bill require:

  • the state Secretary of State
  • required to create security protocols for voter registration information
  • follow and be consistent with standards set by national cybersecurity and election organizations

Atlanta Journal Constitution | New safeguards for Georgia election security await Kemp’s signature

Lege TREND. Death of a Bitcoin Bill in a Gaming State.

State: Nevada

The legislation: SB 195 (2019 | NV)

Why did SB 195 die a legislative death?

  • opponents say the bill was not beneficial to the crypto markets
  • the bill would have implemented the ULC’s Uniform Regulation for Virtual Currency Business Act
  • opponents say it doesn’t protect investors and traders enough

Read an opposition letter from the cryptocurrency industry.

CoinGeek | Nevada lawmakers scrap controversial Bitcoin bill

3 State Variations in the Model Insurance Data Security Legislation

North Carolina: the 1st State to pass the model legislation imposed the 72-hour notice requirement in the model.

Michigan:  opted for a 10 day notice requirement

Ohio:  allows licensees that have certain cybersecurity programs to use an affirmative defense against tort claims

Bloomberg | States Imposing New Cybersecurity Requirements on Insurers