Category Archives: regulatory trend

New Agency Jumps into Data Security Regulations. Consumer Financial Entities. 3 Key Points.

  • the Consumer Financial Protection Bureau levied a fine against an online payment system company for the company’s data security practices in violation of the Consumer Finance Protection Act
  • Consumer Financial Protection Bureau? Sounds Like Consumer Credit Commissioner?
  • The regulators say the encryption touted by the company did not live up to its hype

Bloomberg BNA | Consumer Finance Agency Levies First Data Security Fine

National Law Review | Dwolla Fined $100,000 by CFPB in First…

INTERIM. Lege TREND: National Commission on Security and Technology Challenges. 3 Bits Informed Intel.

Data security and new government agency leadership posts and new agencies go hand in hand. 

Pending federal legislation would create the National Commission on Security and Technology Challenges.

Here’s the info you need abou the National Commission on Security and Technology Challenges:

  • its bipartisan: Senate Intelligence Committee member Sen. Mark R. Warner (D-Va.) & House Homeland Security Committee Chairman Michael McCaul (R-Tex.)
  • required new agency report detailing:
    • benefits…

Trending: Create an Executive Branch Position to Coordinate Cyber Security

Which executive is proposing a new cabinet level position to coordinate cybersecurity? President Obama’s proposed budget includes the creation of “new high-level federal official to coordinate cybersecurity across civilian agencies and to work with military and intelligence counterparts”

Is there a new cyber security plan? Yes, the “Cybersecurity National Action Plan”

What’s the goal?  build a cohesive, broad federal cybersecurity response that will:

  • “drive cybersecurity policy,…

INTERIM Lege Trend: State Data Collection Bills. 5 Bits of Informed Intel.

The Virginia legislature is considering the Government Data Collection and Dissemination Practices Act which would:

  • prohibit the state from secretly collecting data
  • prohibit data collection “without a clear need for its collection”
  • prohibit data collection by “fraudulent or unfair means”
  •  targets of data collection would be notified about the purpose of the information gathering and would be given the opportunity to amend, correct and erase “inaccurate, obsolete or irrelevant…

INTERIM. Home of the Ducks is now Home of Data Security. 5 Bits of Informed Intel from a new Data Security State Law.

  • data breach defined in new Orgegon law as:
    • “an unauthorized acquisition of computerized data that materially compromises the security, confidentiality or integrity of personal information that a person maintains.”
  • personal information that triggers the notification statute
    • ​Social Security number;
    • Driver license number or state identification card number issued by the Department of Transportation;
    • Passport number or other United States issued identification number;…

Data Security Meets Sharing Economy Meets Regulatory Enforcement Powers

Which state has an agency enforcement action against the sharing economy? New York’s Attorney General

Which part of the sharing economy is the NY Attorney General looking into? Ride Share

What’s the issue? Buzzfeed reported that company execuitves had access to rider locations through the ride share app

Let’s get to know what could happen in Texas, and look at what enforcement deal was worked out in NY. The settlement included:

  • a 20K fine
  • requiring ride share entity to adopt a data…

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…