Houston ICE Office License Plate Database Access Violates ICE Policy

Early this year privacy advocates had a win when ICE retracted its planned policy to allow access to a national law enforcement license-plate tracking system.

Local ICE offices didn’t like this. So, they started buying access to a private company’s vehcile registration database. Houston ICE office is noted as buying the private company’s vehicle database.

On going criminal investigations, where constitutional protections apply, are one thing, but open access to a private co…

NJ Data Security Bill Cruising Along. Cost of Business Going Up.

A New Jersey data security bill is called best practices for businesses and government, but also increases the costs of government and of doing business.

The bill would require notification for more data breaches. Like most states notification in New Jersey was required for traditional indentify fraud issues- like when a name and social security number are released.

The new legidslation requires disclosure of a breach if  usernames and email addresses, in combination with a…

State Data Breach Reporting- Example California

Lots of nobel bills become studies and reports when the opposition is vocal. For the last years, the Attorney General of California has released data breach reports.

In 2013, there were 167 breaches reported to the California Attorney General, exposing data of 18.5 Million Californians.

The California Attorney General also makes the following recommendations:  

For the health care industry:

– Use strong encryption to protect medical info…

Data Security Experts: Longterm Political & Legislative Reform

Data breaches. There’s a new one every week. Cybersecurity experts say the only way to address the issue is long term legislative and political reform.  Bruce Schneier, a fellow at the Berkman Center for Internet & Society at Harvard says there should be more regualtion on business to secure our personal information. What does those regulations looks like?

  • Causes of Action for consumers against the business.
  • Government imposed penalties against businesses. 
  • …

Refreshing Recollection: Retail Data Breach Leads to Multi District Class Action Litigation

Almost a year ago, Target experienced a large data security breach through a third party vendor. This data breachprompted federal and state legislation, and class action law suits.

The Target data breach led to at least 27 federal causes of action in 18 different federal courts. MDL, multi district litigation, is a hot topic for the Texas Legislature. MDL was addressed in 2003 tort reform legislation and in various asbestos litigation reforms.

If Texas creates causes of act…

FBI Chief: Pendulum of Privacy Has Swung Too Far

Privacy is a hot issue. Citizens want privacy. The government wants to be free to peruse your electronic information. It’s causing a bone of contention between the U.S. government and big technology companies like Apple and Google that seek to protect and encrypt customer data.

The FBI Chief is warning Silicon Valley that they are doing too much to protect privacy. He wants Congress to act to allow the government to intercept more electronic information. That should be popular with…

FL Supreme Court Limits Cell Phone Data Tracking

For a good while law enforcement could obtain cell phone data without a warrant. Its a controversial 4th amendment issue throughout the US, including in Texas.

Florida police had a warrant for calls going into and out of a defendant’s phone, but the Florida Supreme Court said that warrant did not cover tracking cell phone data to follow the defendant’s movements. The ruling is being heralded as an enormous victory for privacy rights. adminPosted indata privacy, law enforcement, legal trend, legislative trend

Google’s Schmidt Says Encrypted Phones Won’t Thwart Police – WSJ

Data Security is complicated. Federal statutes and rules control on one level. State statutes and rules compliment and add to federal requirements.  Legislation will be focused on keeping the bad guys out of your personal and private information. This protection from data breaches will focus on state causes of actions to protect businesses; additional security parameters for the banking industry; and state criminal causes of action galore.

Sometimes the bad guys who should be kept …