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

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…

Data Security Ripe for Tort Reform. Will it help? No Says Washington Post Legal Commentator

Mandatory data breach notices have triggered lawsuits. Lawsuits have led to class action lawsuits. Think Target and Home Depot, the big retail data breaches. Class Action lawsuits lead to settlements.  

Whether one agrees or not what the impact of tort reform will be, data security is ripe for tort reform. 

 Volokoh Conspiracy | Washi…

Trend: Insurance for Cyber Security

Forecasting trends related to hacking/data breaches/cyber security is a hot topic. Just look at the plethora of class action lawsuits, and the Sony hack that led to pulling the film, The Interview, and its own set of lawsuits.

In an interview with the WallStreet Journal Legal Writer Dan Dipietro, a cyber security expert says he expects cyber security insurance to soon be part of the ordinary course of business.  

adminPosted indata privacy, legal trend, legislative trend, retail data breach

Kerfuffle: Financial Institutions v. 6 Retailer Groups- Which Bears the Financial Burden for a Data Breach?

The fighters for financial institutions:   Independent Community Bankers of America  

The fighters for retailers: Retail Industry Leaders Association, National Retail Federation, National Grocers Association,  Merchant Advisory Group, National Association of Convenience Stores, Food Marketing Institute, &  National Restaurant Association 

 Why did the kerfuffle start: Banks assert that they absorb the heaviest burden “f…

Data Security Sample Bills: Protect Minors, Students, Health Care Data & More

In 2014 California passed a number of data security bills to protect students, consumers and patients, including:

  • Privacy Rights for California Minors in the Digital World (California’s SB 568)

    •  Prohibits marketing or advertising alcohol, firearms and tobacco to minors

    • Prohibits using, disclosing, or compiling a minor’s personal information (or permitting a third party to do so).

    • Intended…