New Legal Trend. Suing the Company Hired to Stop the breach. 2 Take Aways for Government Procurement for Data Security Services.

What‘s happening? Affinity Gmaing, owners of 11 casinos, is suing the company it hired to contain a data breach.

How is this relevant to Texas government? Pay close attention to the enforcement actions and lawsuits that emerge from the federal government OPM data breach in which the company hired for remediation.

Why is this important? the laws related to data security are chaning at lightening fast speed. Faster than a lobbyist can walk, and on a very complex, technical topic which…

INTERIM Lege Trend: Education Contractors Contracting Changes for Data Security

California revamped its data security statutes for education last year. California Education Code Section 49073.1 requires education contractors to:

• a statement that pupil records continue to be the property of and under the control of the local educational agency;

• a description of the means by which pupils may retain possession and control of their own pupil-generated content, if applicable, including options by which a pupil may transfer pupil-generated content to a personal…

5 Most Costly Data Breaches of 2015. Taxpayer Costs. Procurement Opportunities.

IRS breach. 100,000 taxpayers exposed. Estimated cost $50 Million.
Anthem health insurance breach. 80 million health insurance records leaked. Cost estimate $100 Million.
Office of Personnel Management. 21 million federal employee and contact records breached. Minimum cost is the $133 million contract to a credit monitoring and mitigation services provider.
Ashley Madison Breach. 37 million customer information hacked. A class action lawsuit seeks $578 million.
Two Year 100 banks…

INTERIM: 5 Concerns Your Clients Have about Data Breaches

More concerned about data breaches than lawsuits
Worried about corporate image damage from data breaches
Board Chairs and CEOs are more involved in data security than ever before
Odds are high most comapnies have a data response plan
Data breaches are increasing in severity and frequency

Credit Union National Association | Study: Companies losing confidence in data breach protections

Agency Slapped for Mismanaging Data Security Contract

Which agency is causing an uproar? The federal Office of Personnel Management. AKA “The OPM Breach of 2015”

How did the agency mishandle the data breach? A report this week from OPM’s Inspector General found 5 contracting irregularities when OPM awarded a $21M clean up the data breach contract.

The 5 Government Contracting Problems:

OPM did not offer a complete scope of the work
Conduced inadequate market research
had an incomplete acquisition plan
exceeded dollar limits on blanket…

INTERIM Lege Trend: State Proposes 6 Data Security Standards for Businesses.

New York Legislature, at the behest of its Attorney General, is strengthening its data security laws.

Assembly Bill 6866 adds new data to protection requirements and increases penalties.

This bill creates these standards that establish compliance with the law for businesses:

a business that protects data more than the law requires
a business that complies with Gramm-Leach-Bliley Act
a business that meets international standards for information security
a business that complies with…

INTERIM Lege Trend: State Data Security Laws. Upstate Ups the Ante on Health Care & Biometric Data. More fines for More companies.

New York Legislature is considering stronger data security laws which would:

increase penalties against companies from $150,000 to $1,000,000
in addition to current required protected information of Social Security, driver’s license and credit card numbers, this bill would require protection of biometrics like fingerprints
user names, email addresses, securty questions and answers
health information protected under HIPPA
establishes reasonable safeguards for business
establishes…

2015 House Interim Charges. 14 Committees. Data Security is Everywhere.

Data Security

Businesses | Financial Institutions | Law Enforcement | Education | Local Governments | State Data Safety | Data Security in State Contracting

THE INTERIM CHARGES

Business & Industry: data security in the sharing economy and business cybersecurity
County Affairs: County data security and data retention
Government Transparency & Operation: state cyber security standards, agency cyber security, data retention and protection of personal information, cloud computing,…

Regulatory Trend: Agency Gives 3rd Party Contractor Data. Oops. 3rd Party Health Contractors Beware. 3rd parties Pay Costs of Data Exposure.

The Illinois Department of Insurance accidentally led to the posting of Social Secrity Numbers of health records online.

How did a 3rd party get caught in a date release of health records? The agency sent records, including social security numbers, to Blue Cross Blue Shield which Blue Cross Blue Shield posted online.

What happened to the 3rd party? The Department of Insurance took immediate corrective measures against Blue Cross Blue Shield

What is the 3rd party’s…

Jail Contractor. Data Breach. Phone Records. 3 Reform to Follow.

Data Recording Limitations. Data breach included recorded attorney-client phone calls.
Data Retantion Limitations. If calls are recorded, how long are they to be kept and under which security protocols.
Data Protection. Attorney-client recorded calls were shared with prsoecutors.

Think Progress | Prison Phone Company Hit With Massive Data Breach