Legal Trend. Ride Share + Data Breach = State Attorneys General File Suit . +1 State.

Pennsylvania Attorney General has filed suit against Uber for violating the state’s data breach notification laws.

What are the alleged violations? (Also Known As red flags for drafting data breach notification laws)

  • 13,500 Pennsylvanians were not notified in a reasonable time
  • each violation has a $1000 fine, for a total of $13.5 Million

What ogther circumstances did the Attorney General mention?

  • The company waited a year
  • intentionally hid the breach
  • contracted with hackers concerning the…

Regulatory TREND. New Enforcement Agency for CyberSecurity. Copy it in your state elections & electricity.

The new cybersecurity office:  Justice Department’s Cyber-Digital Task Force

Cyber Digital Task Force Goals:

  • canvass the many ways that the Department is combatting the global cyber threat
  • identify how federal law enforcement can more effectively accomplish its mission

Task Force members:

  • CHAIR: senior Department official appointed by the Deputy Attorney General
  • Department’s Criminal Division
  • National Security Division
  • United States Attorney’s Office community
  • Office of Legal Policy
  • Off…

Procurement Opportunity. State Cyber Crime Labs. Anatomy of a State Cyber Crime Lab.

State: Alabama

Agency Housing the Cyber Crime Lab: Attorney General Office

What tools does the operator of a cyber crime lab need?

  • talent to unlock cell phone evidence
  • talent to track down credit/debit card skimmers
  • talent to unmask criminals behind identity theft
  • talent to help businesses &  local governments recover revenue  lost in cyber theft 

AL.com | State launches lab to fight growing problem of cyber crime

Open Records TREND. Are election cybersecurity documents open records? See 2 different states work.

South Carolina Attorney General clarifies- financial info yes, but not security information

South Carolina Attorney General says that the South Carolina election commission can withhold from disclosure cybersecurity information. 

Can related information about election cybser security be released thbrough open records?

Yes, South Carolina election commission will release financial information about cybersecurity products & services purchased

Michigan considered a bill to protect election…

+ 1 State. Lege Trend. Credit Freezes after a Breach.

The State joining the post-Equifax hack legislative trend: Rhode Island

The proponent: The Rhode Island Attorney General

The legislation would:

  • Free credit freezes &un-freezes. prohibits credit bureaus from charging all Rhode Island consumers fees to place, temporarily lift, or remove security freezes on their accounts

WPRI | RI Attorney General files legislation on security freezes following Equifax data breach

6 Ways Sunshine State Moving Toward CyberSecurity Leader

Florida looks to be THE state for cybersecurity. Here’s what it is doing to get there:

  • Higher Education. 
    • Florida currently has 13 schools that the National Security Agency has designated as centers of academic excellence in cybersecurity education or research.
    • Florida universities and colleges offer  40 cybersecurity-related programs for graduate and undergraduate studies 
  • Workforce Pipeline.
    • ​The Florida Center for Cybersecurity helps universities & students
    • Shapes…

+1 State Lege Acts in Response to Equifax. Read the Bill. 3 Points from the A.G.'s Supporting Op-Ed.

New York State Assembly is pursuing SB06880 to require a consumer to be notified of a breach within 15 days of discovering the breach.New York SB 06880 (2017)

Supporting changes to New York’s Data Security and Notification Act, the state Attorney General states:

  • Expect more from companies entrusted with your data
  • All companies need reasonable security measures for their scale of company and type of business (what’s good for Equifax isn’t good for the Zavala Patisserie)
  • Private information…

Lege Trend. New State Laws Protecting Consumer Info. Post- Equifax Hack

2 Attorneys General (MA and NY) are suing, or my soon sue, Equifax for violating state consumer laws.

This sparked legislation to require credit reporting agencies to have the same scrutiny as banks, hospitals and others that handle confidential consumer data.

CBS This Morning | Mass. attorney general to sue Equifax for violating state consumer protection laws

WGBH | Mass. AG Maura Healey Will Sue Equifax Over Data Breach

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