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…

Business TREND. Cyber version of the Red Cross? WHAT. HOW. WHY.

What is being proposed? an international organization modeled after the International Committee of the Red Cross that would help in cyber emergencies

How would this work? provide assistance and relief to vulnerable citizens and enterprises affected by serious cyberattacks

Why? Its based on work by tech companies including:

  • November 2017 a UN speech on cyber security y Brad Smith, Microsoft´s President and Chief Legal Officer
  • Spring 2018 Microsoft initiated the Cybersecurity Tech Accord
  • Fall…

3 Things Businesses Want from Data Security Regulators.

  • Clear communication about compliance (35% of businesses say)
  • Grace periods without penalties when regulations are implemented (31% of businesses)
  • More time for compliance (17% of businesses)

78% say more cyber security regulations drive more cyber investment in businesses

Beta News | Infosecurity North America | 77 percent of CISOs get conflicting advice on changing regulation 

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

Lege TREND. Data Miner Regulations. Legislation proposal.

How a state can legislatively protect its residents from data miners:

  • apply laws not only to 3rd party data miners but also 1st party data miners that do have a direct relationship with consumers such as:
    • retailers
    • social media companies

Also, what is a data miner? an entity or person that collects and sells personal information from consumers with whom the broker has no direct relationship

 

Electronic Fronteir Foundation | Vermont’s New Data Privacy Law

3 Reasons Tech Giants Oppose Australia's Encrypted Data Law

Which tech giants are we talking about? Facebook, Apple, Alphabet and Amazon

What is the opposition to the Australian encrypted data law?

  • giving law enforcement access,  creates tools that weaken encryption & is a huge risk to our digital security
  • oppose back-door access to their user’s data
  • 5 nations in the  Five Eyes nations are expected to follow suit: Australia, New Zealand, Great Britain, US and Canada

CNBC | Apple and Facebook among tech firms lobbying against Australia’s encrypted…

Lege Trend. Legislation to Regulate Data BROKERS. 5 Point Legislative Plan.

States can enacted legislation to address Data Broikers by:

  • impose a fiduciary duty towards the consumers whose data they harvest and monetize
  • establish a government office to assist the victims of data breaches
  • compensation for their financial & non-financial injuries 
  • require disclosures by data brokers like:
    •  consumer’s “right to know” what personal information a data broker has gathered
    •  how the broker obtained it
    • to whom they sold it
  •  require consumer consent for data…

3 Reasons US Chamber Opposes State Data Privacy law. WHAT? WHY?

WHAT: The US Chamber of Commerce opposes California’s Consumer Privacy Act and wants the federal government to preempt state law

WHAT legislative specifics do they want?

  • Preemption of state data protection laws
  • Require concrete harm before a lawsuit
  • Preclude all class action lawsuits
  •  

WHY? 

  • avoid a disparate patchwork of data privacy rules
  • without preemption, companies have to choose the strictist law to comply with and that is California’s consumer privacy act

MARTECH | US Chamber of…