Lege Trend: Exempt Government and Telecoms from Data Security Legislation

Australia is re-writing its data security laws. A draft proposal includes exemptions from notification requirements for governmental entities and telecommunications companies. 

Australia’s Draft Data Security Legislation 

The Guardian | Telcos and security agencies exempted from data breach rules in draft bill

Lege Trend: State Budget to Boost Data Security

Where? Virgina

What budget provisions are boosting data security? Governor McAuliffe says the state’s budget will include education investments for cybersecurity, including:

  • scholarships for students who agree to serve two years of public service in the cybersecurity workforce after graduation
  • increased cybersecurity training in high school including:
    • new virtual, secure platform to enhance student cyber skills
    • providing training on cyberattack detection and defense
    • developing…

INTERIM Lege Trend: State Proposes 6 Data Security Standards for Businesses.

New York Legislature, at the behest of its Attorney General, is strengthening its data security laws. 

Assembly Bill 6866 adds new data to protection requirements and increases penalties.

This bill creates these standards that establish compliance with the law for businesses:

  • a business that protects data more than the law requires
  • a business that complies with Gramm-Leach-Bliley Act
  • a business that meets international standards for information security
  • a business that complies with…

INTERIM Lege Trend: State Data Security Laws. Upstate Ups the Ante on Health Care & Biometric Data. More fines for More companies.

New York Legislature is considering stronger data security laws which would:

  • increase penalties against companies from $150,000 to $1,000,000
  • in addition to current required protected information of  Social Security, driver’s license and credit card numbers, this bill would require protection of biometrics like fingerprints
  • user names, email addresses, securty questions and answers
  • health information protected under HIPPA
  • establishes reasonable safeguards for business
  • establishes…

Lege Trend: Power Grid + Data Security. 5 Rationals. 4 Solutions.

Congress is working to secure the nation’s power grid because the power grid is facing a major cyberattack because:

  • the power ” industry’s digital defenses are dangerously lagging and underfunded
  • energy companies are “scrambling to play catch-up”
  • energy companies  are ” leaving the all-important power grid exposed to hackers”
  • “the industry isn’t fully prepared to stymie sophisticated hackers.”
  • “In 2014, the energy sector was the most targeted of the nation’s critical…

How 1 Health Insurer Responded to a Class Action Data Breach Suit Affecting 80 Million

Anthem Inc. responded to a class action lawsuit concerning a data breach affecting 80 million by focusing on the 1 hot botton issue legislatures and regulators are focusing on:

whether the person whose personal information was hacked suffered any actual damages

Why is this response from Anthem important? Because courts, legislatures, and regulators have come down on all sides of whether actual damages is required in a data breach suit.

Anthem also provided all 80 million customers with 2…

Audit of State Cyber Security Reveals Security Flaws & Recommendations.

California’s state auditor released a report on the California’s technology department that:

  • found 73 of 77 failed to meet state cyber security standards
  • a recently adopted state pilot program to beef up cybersecurity compliance was blasted for taking too long & that compliance verification would take 20 years with existing state resources
  • self certification of agencies lacked enforcement mechanisms

The audit recommends:

  • a mandate that California’s technology department undertake a…

Health Care Data 12 times more Valuable to Hackers than Credit Card Data. 3 Reasons Why. Be Ahead of the Curve.

Security Experts say health care data is 4 to 12 times more valuable than credit card data to hackers. 

Why is health care data so valuable?

  • Health care data sets are “extremely detailed personal information.”
  • Health care data alone allows a hacker to:
    •  Apply for credit cards or loans
    • “Allows a hacker to generate huge sums from fraudulent medical charges,” 
  • Average financial loss for stolen health care data: $13,500 per victim

Health care Informatics | Survey: Majority of…

Trendy Lege & legal Issue: Did the Breach Lead to Harm? How one ALJ Decided.Courts Differ.

Courts and legislatures have differed as to whether a person can bring a lawsuit when their personal data is stolen, but the data has not been used to harm the person.

What happened in this administrative law case? The FTC has been trying to enforce sanctions against a health care company for a data breach.

The FTC legalese is that the health care company’s ” purported failure to institute reasonable data security constituted an unfair trade practice under section 5 of the FTC Act,…

Realtors Warn of Data Security Issues in Real Estate. 4 State Law Highlights.

  • Hackers are looking for personally identifiable information such as:
    • credit card or bank account information
    • login credentials
    • employment details
    • physical address, e-mail address, and phone
    • social security number
  • Small Businesses account for the majority of the attacks according to the National Association of Realtors® technology policy expert
  • Real Estate can be impacted in 4 major ways:
    • financial harm from expenses resulting from the breach
    • legal risks from lawsuits…