Legal & Lege TREND. Employer Liability. Employee Data.

The Pennsylvania Supreme Court has ruled that employers have a duty to protect employees from cyberattacks by setting:

  • Employer Duty: “a legal duty to exercise reasonable care to safeguard”
  • Remedy: a recovery for negligent behavior under the economic loss doctrine

Dittman v. UPMC, 2018 Pa. LEXIS 6051 (Pa. Nov. 21, 2018)

White & Williams | Pennsylvania Supreme Court Holds Employers Have Duty to Protect Employee Data from Cyberattacks 

Refreshing Our Recollection | Lege TREND | Blockchain Protections for Business. READ THE BILL

Ohio’s  SB 220 (2018 | OH), signed by the Governor, will establish these blockchain standards:

  • blockchain transactions are legitimized as enforceable electronic transactions
  • applies to electronic records using blockchain
  • applies to electornic signatures using blockchain
  • amends the definition of “electronic record” to include blockchain
  • amends the definition of “electronic signature” to include blockchain

SB 220 would apply to state contracting and state procurement.

Refreshing Our Recollection | Lege TREND | Liability Protection + Data Security. READ THE BILL.

Ohio’s  SB 220 (2018 | OH)

If a business’ cybersecurity procedures reasonably conform to any of these:

(a) The security requirements of the “Health Insurance Portability and Accountability Act of 1996,” as set forth in 45 CFR Part 164 Subpart C;

(b) Title V of the “Gramm-Leach-Bliley Act of 1999,” Public Law 106-102, as amended;
(c) The “Federal Information Security Modernization Act of 2014,” Public Law 113-283;
(d) The “Health Information Technology for Economic and Clinical Health Act,”…

Lege Trend. 4 Data Security Law Recommendations. State Attorney General.

The State Attorney General, who recommended that Washington State require breech notification when more than 500 Washingtonians are impacted, recommends the following changes to the law after data breeches increase by 26% in the last year:

  • Reduce the deadline to notify affected individuals of a breach to 30 days after the breach is discovered;
  • Require preliminary notification to the Attorney General’s Office of a breach within 10 days after the breach’s discovery; and
  • Expand the definition…

5 Points. Apple Desired Information Privacy Law.

 

  • tech companies should de-identify customer data or not collect customer data
  • comprehensive federal law is necessary
    • why? tech companies that collect a lot of data are basically spies
  • people should have a right in their data, and a right to have that data minimized
  • consumers must be told what data is being collected & why
  • the data belongs to the users and users (consumers) should always have access to it

The gold standard law: GDPR in the EU

Ars Technica | Tim Cook Calls for Strong US…

Regulatory TREND. Keep Bitcoin Transaction Clean with Strong Money laundering laws.How. What. Where.

Where: CipherTrace’s 2018 Q3 Cryptocurrency Anti-Money Laundering Report says 4.7% of funds moved through unregulated bitcoin exchanges is being cleaned

How can it be stopped? 

  • strong money laundering laws
  • bitcoin exchange regulation

 

Business Technology Media | Strong anti-money laundering laws hamper crypto-currency crime

7 Data Security Policy Issues Raised by a Financial Regulator. Put it on your Radar.

SEC Commissioner Kara M. Stein raises these policy issues for regulators:

  • Should a company value its data?
  • Should it disclose the value of its data?
  • Who is responsible for the appropriate collection and use of data?
  • Who is responsible for protecting the privacy of personally identifiable information that is collected and used?
  • Who is responsible for determining how data can be shared?
  • Who is responsible for establishing and implementing minimum standards for data collection and use?
  • Who i…

Lege TREND. Requiring Consumer Goods with Unique Passwords. 3 Points You Need to Know:

California’s Internet of Things legislation, SB 327 (2018 | CA), requires consumer goods to:

  • come with a unique password per consumer good
  • passwords cannot be set to admin or password
  • in the alternative, consumer goods can require a statup procedure that requires the consumer to set a password

BBC News | Weak passwords banned in California from 2020

LegeTREND. Consequence of state legislature enacted an internet of things security bill to protect data privacy

The TRUMP administration sued California when Governor Jerry Brown signed SB 327 (2018 | CA). 

What is the federal government telling the state?

  • data privacy is federal jurisdiction because it impacts interstate commerce
  • the FCC chair says the  “law prohibits many free-data plans”

Governing | Trump Administration Sues California After Governor Signs Net Neutrality Protections

 

REFRESHING OUR RECOLLECTION  |  informed:intel September 20, 2018:

California’s internet of things law, SB 327…