Data Security and data privacy is a near and dear to Libertarian types. Think Rand Paul. Libertarian types look to the Federalists papers to justify constitutional positions, such as protecting Americans from government intrusion into their personal, private data.
Pointing to Federalist Paper 33 and 44, when a national interest exists, it is necessary and proper for the federal government to act.
Posted indata privacy, legislative trend, retail data breach
Bipartisanship Lives. Last week a new data security bill was unvieled to create standardized requirements for data breach and security issues. Co-sponsors of the bill: The EU is waging a legal war with Facebook over whether Facebook can store the personal and private data of EU residents on servers located outside the EU? This legal issues raises the issue of whether Texans want their information stored on servers in NY or CA? An April meeting of attorneys general will focus on data security issues. This comes in the wake of Connecticut AG forming a data privacy division and the attorneys general in NY, OR and WA recommending legislative changes to address data security.
Posted indata privacy, health care data, legal trend, legislative trend, retail data breach, student data privacy
To handle data breach investigations and litigation, the Connecticut Attorney General created a Privacy and Data Security Department. The Department emerged from a 2011 task force studying how the state can best address data breaches, and is staffed with a ” cross-disciplinary team of experts in health, finance and other disciplines.” A Dallas trial lawyer has filed suit in California against Toyota, Ford and GM because the vehicle’s software is easily hacked. The suit claims: Do company executives breach their fiduciary duty by how they handle data security or in the methods of handling data breaches? A lawfirm is investigating whether executives at Home Depot breached their fiduciary duty by failing to protect against the Home Depot data breach. Data privacy is the new frontier for property rights. People fiercely want to protect their personal data. It gets tricky when the person trying to protect their data is a public school teacher. A parent in Virginia sued to have teacher evaluations released. The first court sided with the parent to allow for the release of teacher evaluations. The suit is on appeal. Teacher groups refer to the release of evaluations as an invasion of privacy. It’ll be fought to the Suprem… A Portland Uber driver is the named plaintiff in a class action lawsuit against Uber for a 2014 data breach. The breach disclosed personal information for 50,000 Uber drivers. The lawsuit alleges that Uber took 5 months to disclose the data breach, which violates California law. California statutes require employers to protect the personal information of employees. Antman v. Uber Technologies Inc, U.S. District Court for the Northern District of California, No. 15-1175<... The Federal Trade Commission issued a report saying its a bad idea to apply banking rules to retailers. 3 Reasons Why:
Posted inbanking, data privacy, legislative trend, retail data breach
Congress Has New Data Security Bill Moving. 5 Highlights.
New Legal Frontier: Can Your Data be Stored Out of State or Country?
Attorneys General Push for Data Security Reforms
Lege Trend: Attorney General Forms Data Security Department
$5M Data Hacking Suit Against Automakers in Texas
Legal Trend: Breach of Fiduciary Duties by Company Executives?
Education Data: Teacher Privacy vs. Transparency for Parents
Uber Class Action Lawsuit for Data Breach
FTC: Poor Fit to Require Retailers & Banks to Follow Same Rules