4 Points. Banks + Data Security Legislation.

  • National data privacy standard similar to those that currently face financial institutions
  • Strong Data Protection and Breach Notice
  • Robust Enforcement including retaining administrative enforcement from financial institution regulators
  • Preempt state privacy and data security laws

American Bankers Association | U.S. Senate Commerce, Science, and Transportation Committee

State Attorney General Tracks Data Breaches. The numbers:

Where: Washington state

What data breaches are reportable to the Washington Attorney General? Data breaches that impact 500+ Washingtonians

What do the 2019 numbers about data breaches in Washington state show?

  • 20% increase in data breaches
  • 390,000 impacted
  • 2x as many small to mid-size breaches

Washington State Attorney General | AG REPORT SHOWS DATA BREACHES INCREASED IN 2019

New Regulatory Frontier. States Selling Resident Data.

Where: California

What data is being sold? California Department of Motor Vehicles sells drivers’ personal information

How much is the California DMV selling for? $50 million/year

Who is buying the data?

  • data brokers like LexisNexis
  • consumer credit reporting agency like Experian
  • private investigators

Are states stopping the practice? Yes, New Jersey is no longer selling data to buyer’s who abuse the data

Vice | DMVs Are Selling Your Data to Private Investigators

Vice | The California DMV Is Making $50M a Year Selling Drivers’ Personal Information

Lege TREND. New way to bring broadband to rural areas

Where: New Hampshire

The legislation: would authorize the multi-town district option that would work with private companies

How did this idea start? SB 103 (2019 | NH)

Is this the first state to take this approach? No, Vermont has a similar system that created the East Central Vermont Telecommunications District and it partnered with ValleyNet to bring fiber service

Governing | New Hampshire Bill Will Allow Multi-Town Broadband System

Lege TREND. 1st came divestment. Next came Prohibiting Certain Countries from Storing Data

What countries could be barred legislatively as places US data can be stored? China

What legislation: Missouri Senator Hawley’s National Security & Personal Data Protection Act of 2019

Engadget | Senate bill would block US companies from storing data in China

Lege TREND. How States are Legislating IoT (all those connected devices in the internet of things)

How many internet of things devices are predicted in the world by 2023? 43 billion

What states are leading the path? California and Oregon

What other states are considering it? Illinois, Kentucky, Massachusetts, Maryland, New York, Rhode Island, Vermont & Virginia

What do state regulations look like?

  • require manufacturers to incorporate mandatory minimum security features
  • Provide leeway for effective date so that manufacturers can comply
  • California and Oregon laws will become effective Jan. 1, 2020

What standards do state regulations apply for security features?

  • Is the security feature appropriate to the nature and function of the device?
  • Is the security feature appropriate to the information it collects, contains, or transmits?
  • Is the security feature designed to protect the device and any information contained therein from unauthorized access, destruction, use, modification or disclosure?

Are there exceptions or limitations to the laws applications? Yes.

  • Oregon only applies to devices “used primarily for personal, family, or household purposes.”
  • California applies to devices and devices that connect to devices via bluetooth

Government Technology | Contributor: Akin Gump Strauss Hauer & Feld LLP | State Lawmakers Go After IoT Security Risks 

Campaign TREND. Encrypted Communication Apps.

Who is helping facilitate encrypted campaign communications? The nonprofit group Defending Digital Campaigns

What problem does the non-profit want to solve? That nation states wanting to compromise campaigns hold the power as campaigns are often on shoe string budgets

What other data security elements are recommended for campaigns?

  • email security
  • cybersecurity training
  • cyber protection for phones, tablets and laptops

Washington Post | The Cybersecurity 202: Political campaigns are flocking to encrypted messaging apps. But they’re not a panacea

Business TREND. One State law. Company Applies Standard Nationwide.

What company? Microsoft

Which law? California’s Consumer Privacy Act

What is Microsoft saying in support?

  •  strong supporters of California’s new law
  • support the expansion of privacy protections in the United States 
  • privacy is a fundamental human right
  • privacy laws should be further strengthened by placing more robust accountability requirements on companies

Microsoft | Microsoft will honor California’s new privacy rights throughout the United States