States Ramp Up Data Security Laws. Propelled By Healthcare Data Breaches.

Add New York to the growing list of states ramping up data security laws. NY will consider legislation similar to OR and IN that would provide a “safe harbor rule for companies that implement specific data security plans and standards that officials say would minimize the chance of a breach. “

New York’s study of data breaches found that health care was the largest source for data breaches.  H…

Data Breach Hearings In Congress: To Pre-empt State Law or Not to Pre-Empt?

Federal law or state law? Which should have the final say over a data breach at a local business? Or, if a data breach affects a nationwide retailer? The State Of Union included a call for federal data breach laws, pre-empting state law. 

Texas Congressman Michael Burgess agrees with federal pre-emption.

He will chair the hearing on Tuesday January 27th, and said, “We need a plan in place that will help prevent data from being stolen in the first place, and will also allevi…

Health Care Data Breaches- Hackers or Human Errors?

Since 2009, health care data breach statistics are:

  • 8%  involve hacking
  • 40.9 million individuals’ records have been exposed
    • Of the individual records, 19%, were blamed on hackers
      • This includes a hack, allegedly by Chinese hackers ,to the health care data at Community Health System in Franklin, TN, resulting in stolen personally identifiable information on 4.5 million individuals.

President Obama’s federal data …

2 Experts: Federal Data Security Standards Loosen State Standards. Less Protection for Individuals.

2 Privacy Experts say Federal Standards Don’t help individuals:

  • Alvaro Bedoya, the executive director of the Center on Privacy & Technology at Georgetown University Law Center, says consumers benefit from state laws which are stronger than national proposals. 
  • Software & Information Industry Association says individuals will not be safer with federal protections.

adminPosted indata privacy, legislative trend, retail data breach

States are Passing Data Security Bills. See Where State Laws Stand. Business Interests Beware.

Baker Hostetler offers an absolutely fantastic chart of what every state is doing on data security.

Data privacy experts say state laws go further to protect your information if its the subject of a leak, breach or hack. Tort reform types point to data breaches being a new bevy of class action lawsuits.  Baker Hostetler

WA Data Security Legislation

Hot Topic: How to protect and notify individuals in case of a data breach. Here’s Washington State’s proposal to upgrade their notification laws: Finally, unlike other states, Washington state law does not require any centralized reporting to the state when a data breach occurs, resulting in a lack of robust information for law enforcement and consumers.

The proposed legislation strengthens Washington’s data breach notification law by:

• Notification requirements when the d…

White House Wants to Lead in Education Data Protection Legislation

The White House released proposals to protect data. Student data. Energy data.  Tech data. 75 Companies have said “Aye.” Including the big dogs- Apple and Microsoft. 

Education Data Protection:

  • No sales to third parties for a purpose other than strictly educational.
  • No targetted advertising to kids. 

WSJhttp://blogs.wsj.com/law/2015/01/12/white-house-moves-to…