Legal Trend: Court Says Data Breach Is a Recognizable Injury for Lawsuit. The Case, a Health Care Lawsuit. 3 Bits Informed Intel.

What class action is progressing?  The suit involving the Anthem Inc. health breach that affected 97 million.

What did the judge do that allowed the class action to move forward? Rejected Anthem’s argument that a data breach is not a recognizeable injury

What does this mean? Courts have split on whether a data breach, with no proof that the stolen data has been used to cause a harm, is enough of an injury to satisfy a lawsuit. The California Judge’s order says it is enough of an injury for a lawsuit under New York’s General Business Law, similar to California’s Unfair Competition Law. 

The Recorder | Judge Rejects Key Defense in Anthem Data-Breach Suits

 

INTERIM State Attorney General Releases Data Security Recommendations. 3 Bits Informed Intel.

Which Attorney General office analyzed state data security breaches? California

What is the most popular data to breach?

  • social security numbers
  • credit card information
  • medical information

What recommendations to policymakers emerged?

  • Follow all the 20 controls in the Center for Internet Security’s Critical Security Controls, otherwise your company isn’t offering reasonably data security
  • multi-factor authentication must be available
  • encryption must be standard business practice
  • All states should harmonize their data breach laws to make them effective

Lake County News | State attorney general releases Data Breach Report; more than 49 million records compromised

California Attorney General Data Breach Report

Business Trend & Lege Trend: Data Security Regulation Impact to Car Manufacturing & Dealers. 3 Keys .

  • Auto Manufacturers are facing data security issues related to connected cars
  • Car Dealers are facing dats security issues related to customer data, the link of that customer data ties to car data
  • This combination that ties customer data privacy to hackable connected cars requires “robust cyber security infrastructure could give his firm competitive advantages against their competitors.”

Computer Business Review | Cyber security showroom – How Lookers put data security into car dealership

Lege Trend: Data Security in Probate

Providing mechanisms to address a decedent’s online presence is a growing trend. 

This sounds rather nerdy, why is it important to a corporate client? Because the state may tell your client what it can and cannot do with customer data.

So, what state is now wading into this territory? Wyoming

What could happen with data at death?

  • A user would be able to direct a service, like Facebook,  to turn their accounts over to a fiduciary at death
  • Or, if a will isn’t so set up, then a data custodian  may turn the user’s account information over to a fiduciary or representative of the estate through a court direction

Government Technology | Data Protection, Privacy Bills Make their Way Through Wyoming State House

Data Security and Motor Vehicles. Who Proposes What.

What regulation proposals are floating around related to connected cars and data security?

Data Security Monitor | Automotive IT News | Legal Developments in Connected Car Arena Provide Glimpse of Privacy and Data Security Regulation in Internet of Things

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, planning, and implementation for IT systems across” the federal government
  • set and monitor performance goals for agencies

What will the new position do?

  • Offer more training for the private sector, including:
    • password and pin authentication to sign onto tax data
    • 2 step authentication for government benefits
    • Reduce the use of Social Security numbers for identification

Top Tech News | Obama Administration Plans New High-Level Cyber Official

Wall Street Journal | White House Proposes New Cybersecurity Plan

 

Lege Tren: Congressman wants to Preempt State Laws Barring Encrypted Devices

What do the feds want to stop the state legislatures from doing? barring the manufacture and sale of unbreakably encrypted smartphones

Why does this matter? California and New York have pending legislation to bar the manufacturing and sale of unbreakably encrypted smartphones.

Why would the state want to prevent unbreakably encrypted smnartphones? Law enforcement wants access to smart phone data.

What groups are involved in this policy fight? tech companies v. law enforcement

The Recorder | Bill Would Bar Encryption Measures at State Level
 

 

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 information,”
  • require agencies that store data to use secure methods for holding the data

Governing | 7 Tech Policy Issues to Watch in 2016

INTERIM Lege Trend: Protect Student Data Leading the Pack in the North. 3 Bits of Informed Intel.

Minnesota wants to do a better job protecting student data privacy. Here’s what the land of 10,000 lakes is proposing in its House Bill 2386:

  • prohibit schools from forcing students to supply their access information to personal social media accounts
  • prohibit school employees from forcing students to alter the settings of their accounts to make information visible to the public
  • opens violating schools up for legal action on the part of the affected student

Governing | 7 Tech Policy Issues to Watch in 2016