Lege Trend. Data protection. Email Protection. Less Government Intrusion. More Warrants.

The Legislature: Congress

The data protection bill: Email Privacy Act to update a 1986 law on email

Where is the bill? It passed the House and is moving to the Senate

What’s the fundamental change in the Email Privacy Act? To universally require warrants for emails stored on 3rd party servers

Is this in line with industry standards? Yes, Google, Facebook, Apple, Microsoft and Verizon require warrants before they release emails stored on their servers

The Hill | House passes bill requiring…

TX Hospital. Data Security Civil Penalty. 4 Key Points.

the hospital: Children’s Medical Center of Dallas 

the data security charge: years of noncompliance with HIPAA rules and after failing to request a hearing on the penalty. Since 2010 the hospital used unencrypted devices to store HIPAA protected info

the regulator: U.S. Department of Health and Human Services’ Office for Civil Rights

the fine: $3.2 million civil money penalty

Day Pitney LLP | United States: Hospital Hit With $3.2M Penalty for Ongoing Health Data Security Lapses

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

TREND. New Rules on Data Privacy. +1 Federal Agency with cybersecurity rules. 4 Points to be Informed.

The agency with new data protection rules: The FCC

The new FCC rules will require broad band and wireless providers to:

  • offer 3 tiers of privacy protections: opt-in, opt-out, and inferred
  • opt-in will be the standard for this information held by providers:
    • sensitive personal data
    • financial data
    • location
    • social security numbers
    • health or medical information
    • internet browsing or app history
    • message content
    • data belonging to minors.
  • opt-out standard for non-sensitive data…

Student Data Breach in Texas. 4 Pieces Informed Intel.

  • Katy ISD experienced a data breach
  • The data breach came  by way of a third party vendor breach that exposed Katy ISD student data
  • The data breached was on a secure server and included:
    • student names
    • birthdates
    • social security numbers/state ID numbers
    • email addresses
    • zip codes
  • The 3rd party vendor will offer identification monitoring to impacted students

KHOU | Katy ISD notifies parents of potential data breach of students’ info

Houston Chronicle | Katy ISD warns staff,…

5 Cities. Transparency Trendsetters. Police Surveillance Technology.

Which 5 cities are first out of the gate to consider ordiannces to improve transparency in police surveillance?

  • New York City
  • Washington DC
  • Seattle
  • Milwaukee
  • Richmond

What does the coaltion of supporters look like?

  • privacy groups
  • civil libertians
  • civil rights groups
  • minority & ethnic groups

What technology is likely to be dislcosed?

Schools Access Kids Private Data. No Parental Consent. 3 Points of Informed Intel.

Scenario: School provides kid laptop/ipad. Kid uses laptop/ipad for school work and personal use.  School learns kid likes to watch YouTube at 3am and sleeps in class.

How can schools track students:

  • schools can access what programs/websites kids use
  • schools can access where the kids were when they used the laptop/ipad
  • some schools remotely monitor students through cameras on the devices

Are 3rd parties involved to monitor kids activity on school laptops/ipads? yes & they flag…

Legal Trend. Regulatory Trend. Settling with Companies that Gather Data about Kids.

The State: New York

NY Settled a suit with Hasbro, JumpStart Games, Mattel & Viacom for violating what law? The federal Children’s Online Privacy Protection Act

What did the companies do? Gather personal data about children under 13

The settlement: collective $835,000 in penalties plus regular reporting to New York regulators

Engadget | Websites settle with New York over online child tracking