- California Privacy Act. Will other states replicate it? Is it the US solution for GDPR?
- Federal Preemption. Will Congress pass federal data breach notification standards?
- Data Privacy Requirements for Internet of Things. Privacy standards for your home thermostat, etc… See California’s SB 327 (2018)
- Will small businesses get a carve out bill? See S770 (115th Congress)
- Federal Preemption of Data Encryption Standards for Business
Category Archives: notification
Lege TREND. State Legislation Reacting to Marriott Breach. What you need to know:
New Jersey legislature is moving A3245 (2018 |NJ) which is in repsonse to the Marriott data breach and will:
- Expands the state data breach notification requirements to include disclosure of:
- usernames
- email addresses
- any passwords
- security questions and answers
- The authors say prompt notification is required for people to keep their online acocunts protected
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…
Regulatory TREND. State Attorney General Annual Data Security Report.
Washington State State Attorney General annual Data Breach Report found that:
- July 2017 to July 2018 3.4 million Washingtonians affected by data breeches
- 26% increase
- leading cause: mailicious cyberattack
What information is the satte Attorney General using in his statutorily required annual report?
- breach notifications WA requires notice to the Attorney General when a breach impacts 500+
Wasington State Office of Attorney General | AG DATA BREACH REPORT FINDS 3.4 MILLION…
Lege TREND. Scale Back Data Breach Notification Bills. Only Focus on Financial Sector. What you need to know.
Which groups don’t like the focus on the financial sector? Retailers, because it slows passage of across the board data breach notification statutes
What’s the purpsoe of focusing on the financial sector?
- Find a solution for the Equifax breach
What are state officials saying? “He has consistently opposed federal legislation that would pre-empt state attorneys general, as this proposal appears to do.” — CT Attorney General
Inside Cybersecurity | A debate unfolds over narrow breach-notice…
Lege Trend. An internet bill of rights? Hello all tech & telecom: this one is for you. Marketing and data limits.
Activists are promoting an Internet bIll of Rights, the kind of bill state legislatures love. What would it do?
- Keeping your “browsing history” private
- Except: fraud or potential crimes
- Full disclosure when being monitored, and the right to opt out
- Preserving the privacy of your social media accounts.
- Ownership of your personal, digital content
- Notification of injurious data breaches
- Fair play on social media platforms and/or internet providers
- Protecting children on social media
…
+1 State Requiring Cybersecurity for Insurance Licensees
State: South Carolina
The Legislation: House Bill 4655 (2017-2018 | SC). South Carolina Insurance Data Security Act
Requirements for South Carolina Insurance Licensees:
- insurers tmust “develop, implement, and maintain a comprehensive information security program” for their customers’ data
- based on model law with 3 steps and a 1/1/2019 effective date:
- prevent breaches
- detect unwelcomed access to data
- remediate after a breach
- including 3rd party oversight, with a 7/1/20 effective…
+1 State Stronger Data Breach Notification. Blue Columbine State is different from other bills in 3 ways.
State: Colorado
Does the Colorado law apply to businesses outside Colorado? yes, it applies to any business that does business with a Colodoan
What does Colorado’s new data breach law require?
- Notification to affected consumers within 30 days of discovery of the breach
- Provide the consumer with the date of the breach
- Provide the consumer a description of what information was accessed
3 Ways the Colorado legislation differed from most states:
- A delay in notification can only occur if an…
+1 State Suing Over Equifax Breach. The Facts:
State: West Virginia
The lawsuit by the West Virginia Attorney General: Violation of the the state’s Consumer Credit and Protection Act
The potential penalty: $150,000 for each security breach and $5,000 for each violation of each of the 730,000 West Virginians affected by the Equifax breach
The statement from the WV Attorney General:
“Equifax’s failure to secure consumers’ personal information constitutes a shocking betrayal of public trust and an egregious violation of West Virginia…
Regulatory TREND. State Attorney General. Launches Searchable Data Breach Database.
The Delarware Attorney General launched a new webpage that has 4 data secuity resources:
- Online Reporting of Data Security Breaches
- Data Security Breach Notice Database
- Model Form for Providing Notice to Consumers and Other Affected Persons
- Links to Online Cybersecurity Resources
Delaware.gov | Attorney General Denn Announces New Online Data Security Breach Reporting Resource