Legal Trend. Can a State Medical Board Access Patient Prescription Databases? Hello TMB Sunset,

Yes, the California Supreme Court held that the California Medical Board can access private patient records in the state prescription database because the state interest in regulating potent prescription drugs and protecting patients from negligent doctors.

Access to patient records + Texas Medical Board Sunset Review = Patient Privacy vs. State Interest Amendments

Law 360 | Calif. Justices OK Medical Board’s Access To Rx Database

21 States Move to Protect Consumer Privacy on Internet. Au Revoir Federal Internet Privacy. Bonjour State Internet Privacy.

21 States responded to President Trump’s repeal of Obama era internet privacy regulations, by offering state regulations for internet privacy. Let’s take a peak.

In  California, Assembly Bill 375, will:

  • Customer information an only be used or sold after obtaining “opt-in” consent
  • Prohibit penalties or discounts based on consent

Federal preemption isn’t a concern because the FCC laws and rules share duties with the states and there is no explicit preemption.

NCSL | PRIVACY LEGISLATION…

National Governor Association Prioritizing Cybersecurity. 4 Highlights to be Informed.

Virginia Gov. Terry McAuliffe, Chair of the National Governor Association, urges states to:

  • not wait for the federal government to protect data security and privacy
  • federal funding is needed for states
  • states must lead with coordiantion with the federal government
  • Virginia’s Executive Order creating a Cyber Security Commission should be duplicated in other states

Politico | Governor Cyber Speaks

Bill to Require ID Protection at any State Government Data Breach. 3 Bits informed:intel

State: California

The legislation: Assemblyman Matt Dababneh sought to apply the standard applied to business of requiring 1 year of ID theft protection services for anyone who is impacted by any government breach in California. AB 241 (2017) 

The Opposition is winning as the bill stalls. The loyal opposition includes California State Assn. of Counties, the Urban Counties of California, and the League of California Cities

Opposition arguments:

  • it would cost cities & counties too much
  • state…

Lege TREND. Office of Cyber Defense Coordination. 4 Bits informed:intel

The State Legislature that created the Office of Cyber Defense Coordination​: Nevada

Within which state agency will the Office live? Nevada’s Department of Public Safety

The Legislation creating the office: Nevada’s AB 471 (2017)

What do these cyber offices look like in other states?

TREND. State adds 4 Executive Level Data Security Positions.

State: Massachusetts

The highest level Massachusetts government position created: Secretary of Technology

The MA Secretary of Technology would be tasked with hiring:

  • chief data officer
  • chief privacy officer
  •  chief digital officer

Originator of the MA Secretary of Technology post: The Massachusetts Governor

Data and cyber positions are gaining power insisde and outside government.

Greenfield Recorder  | New Baker bill creates Cabinet position for technology

Data Security Bills and Preemption over State Laws.

Background: The FCC in 2017 overturned internet privacy

What is Congress Doing in Response? Congresswoman Marsha Blackburn, R-Tenn., chairwoman of the Communications and Technology Subcommittee, filed a bill to return the power to regulate the internet back to the FTC.

What do privacy advocacy rights advocates say about this bill? 17 states have bills to protect state resident data privacy. The federal bill by Congrresswoman Blackburn would preempt those state laws.

Improving the Outcomes of…

Silver State Internet Security Bill. 6 Key Pieces of Intel

Nevada Senate passed an internet security bill that will:

  • Requires Internet providers to disclose what types of personal information they collect from users
  • Requires Internet providers to publish information on any third-party contractors who may be stockpiling user data

Why are states passing internet security bills?

  • Facebook has settled a suit about its scanning of persoinal messages
  • The Trump Administration repealed internet privacy regulations
  • Google is in settlement proceedings over…

Lege Trend. Hack Back Bills. 4 Ways one Hack Back Bills is Changing.

Amendments to Congressman Tom Graves’ Active Cyber Defense Certainty Act include:

  • mandatory reporting requirement for entities that use active-defense technique
  • the reporting to federal law enforcement will ensure such tools are used responsibly
  • 2 year sunset clause
  • exemption allowing people or companies to recover their lost data if it’s found using defensive techniques and can be grabbed back without destroying other data.

Politico Morning Cyber Security | Scoop: ‘Hack back’ bill gets…