Category Archives: legislative trend

INTERIM. Lege Trend: Data Security Proposal. 3 Points to Know Now.

What kind of data breach triggered data breach law changes in Maine?  A health care data breach affecting 120,000.

What requirements does the legislator weant? Extended credit monitoring & fraud protection services requirement to total 2 years.

Are these legislative changes from a chairman? Yes, the Maine legislator behind this push is the House chairman of the Insurance and Financial Services Committee.

Kennebec Journal| Waterville legislator seeks more protection for victims of…

INTERIM. 8 Elements of Data Security Laws & Regulations.

  • Data Breach Definition.
    • What data was breached?
    • The level of knowledge the data holder must have of the breach before notification is triggered. Did they know? Is it reasonable that this data was breached?
  • How to treat good faith access to data by an unauthorized employee
  • How to treat the breach of account creditial information.
    • user name, passwords, and security questions
  • Timing.
    • ​When must notification be given?
  • How to treat data processors, people who hold the data but…

Model Health Care Data Security legislation. 3 Key Elements.

  • A limited time healthcare industry cybersecurity task force
  • The taskforce includes cybersecurity experts and healthcare stakeholders
  • The charge to the task force:
    • analyse the cybersecurity risks facing health care
    • recommend ‘actionable cyber threat indicators & defensive measures

The legislation people are looking to: Congress cyber security legislation.

The Global Legal post | Healthcare sector suffers chronic data breaches

 

New Legal Trend. Suing the Company Hired to Stop the breach. 2 Take Aways for Government Procurement for Data Security Services.

What‘s happening? Affinity Gmaing, owners of 11 casinos, is suing the company it hired to contain a data breach.

How is this relevant to Texas government? Pay close attention to the enforcement actions and lawsuits that emerge from the federal government OPM data breach in which the company hired for remediation.

Why is this important? the laws related to data security are chaning at lightening fast speed. Faster than a lobbyist can walk, and on a very complex, technical topic which…

INTERIM. 2 Elements of a Data Breach Response That Trigger new State Causes of Action.

What dam got hacked? Iranian hackers targeted a dam in New York. Shortly thereafter Ukranian hackers got into a power grid.

What type of hack triggers a state response or the creation of a new state penalty?

  • Look to whether the hackers took control of the system or just “looked around”
  • Look to whether any person was injured as a result

Just Security | Was the Cyber Attack on a Dam in New York an Armed Attack?

Lege Trend: Tech Caucus. 3 Priorities.

California Legislature has a newly formed Tech Caucus. It’s full name is the Legislative Technology and Innovation Caucus. 

One would think if any state had a tech caucus, it’d be California. Such is not the case. It was founded by the legislator pushing ride share legislation in California. 

The priorities of the fledgling tech caucus are:

  • Touting the sharing economy. 
    •  ride share, fly share, move share, house share
  • workforce training and workplace diversity
  • bring together…

INTERIM. Lege Trend. State Suffers Major Breach. Responds with 2 Step legislation.

What was the state government data breach? in 2012, South Carolina suffered a data breach that exposed records for 6 million taxpayers.

What legislative fixes have emerged from South Carolina in wake of this data breach?

  • Support agencies’ preventive measures
    •  dual-password programs
    • laptop encryption
  • Centralize cybersecurity in an office under the governor.
    •  Allows an information security director to oversee and enforce statewide standards.

Governing | 2016’s Top…

Hacking Mother Lode at the U.S. Department of Education. 5 Points to Know First. Education Contractors Be Aware.

  • Treasure Trove of Data. House Oversight Committee Chairman Jason Chaffetz (R-Utah) is warning that a hack on the Department of Education would make the OPM data breach look like child’s play
  • 1/2 of all U.S. government records are at the U.S. Department of Education
  • Bad Inspector General Report. Deficiencies in security at Department of Education were called out by a November Inspector General report
  •  An F In Security. The agency also got an F in implementing security requirements…

INTERIM. State Creates Office of Data Privacy and Protection

What State created an Office of Data Privacy and Protection? Washington

Did it do it by legislative action? No. It was created by Executive Action.

2 Reasons Why Washington State Created this new Data Office:

  • Washington is the “world’s center for digital commerce.”
    • That’s sure to make Texans happy.
  • “good cybersecurity is essential to the continuity of global commerce and to a thriving economy”

3 Powers the new Office of Data will have:

  • Train state agencies on best privacy…

INTERIM. 4 Points from the EU to Guide Texas Data Security Legislation

The EU is revamping its data security statutes, why should Texas care? Because E.U. courts have taken a very libertarian and conservative view to protect personal information.

Did the EU take any actions that might translate to Texas? Yes, 4 Points to consider:

  • Stronger requirements for obtaining consent to collect/store data
  • Memorializing the “right to be forgotten”.Sounds an awful lot like the Texas Do Not Call List.
  • 72 hour noptification requirement for comapnies to notify the…