FTC’s data security enforcement powers are rooted in FTC Act. The Third Circuit Court of Appeals is considering an appeal of a ruling that affirmed the FTC’s data security enforcement powers. The Center for Democracy and Technology supports the FTC’s enforcement powers. [CDT]
WY: Data Security Legislation
Protecting the personal privacy of citizens is trending. Wyoming is considering legislation that will:
- Limit the amount of information the state can collect
- Prohibit the sale of information to third parties [Wyoming Public Media]
40 Merchant Groups Urge Action on Data Security
Data Security is a concern for businesses large and small. These associations are urging fair reform that doesn’t overburden businesses, large or small:
Alabama Grocers Association
American Hotel and Lodging Association
California Retailers Association
Conexxus
Florida Petroleum Marketers and Convenience Store Association Food Marketing Institute
Georgia Association of Convenience Stores
Illinois Retail Merchants Association
Independent Oil Marketers Association of New England
Indiana Retail Council
Louisiana Retailers Association
Minnesota Grocers Association
Minnesota Retailers Association
National Association of Chain Drug Stores
National Association of College Stores
National Association of Convenience Stores
National Association of Truck Stop Owners
National Grocers Association
National Restaurant Association
National Retail Federation
Nebraska Retail Federation
New Hampshire Retail Association
New Jersey Food Council
New Jersey Retail Merchants Association
New York Association of Convenience Stores
North Dakota Petroleum Marketers Association
North Dakota Retail Association
Ohio Grocers Association
Pennsylvania Food Merchants Association
Pennsylvania Retailers’ Association
Petroleum Marketers Association of America
Petroleum Marketers & Convenience Stores of Iowa
PMCI Trust
Retail Association of Maine
Retailers Association of Massachusetts
Retail Solutions Providers Association
RINAlliance, Inc.
Society of Independent Gasoline Marketers of America Utah Food Industry Association
Utah Retail Merchants Association
Vermont Retail & Grocers Association
Virginia Petroleum Convenience and Grocery Association Washington Food Industry Association Education Foundation West Virginia Oil Marketers and Grocers Association [NACS] [The Hill]
Refreshing Recollection: Abbott Data Privacy Plan
Back in 2013, gubernatorial candidate Greg Abbott released his “We the People Plan” focusing on privacy. He’s concerned about data security, specifically:
- The sale or resale of Texans’ data by state agencies
- Extending the prohibitions against re-identification of de-identified data to non-medical data [Greg Abbott’s We the People Plan]
Cost to Financial Institutions for Data Breaches
Data breaches don’t only affect retail establishments and customers, banks and credit unions are also affected. Each data breach requires new credit and debit cards to be printed and mailed, and for fraudulent charges to be covered. This comes at a hefty cost to financial institutions.
The “Credit Union National Association says September’s data security breach at Home Depot cost its members nearly $60 million to reissue cards and cover fraudulent charges.” That’s double the estimate to cover the Target data breach. [Washington Business Journal]
Data Security Litigation: Tort Reform
The 2014 Home Depot data breach litigation has raised the very tort issues that data breach legislation addresses- venue and consolidation. Whenever there are a lot of injuured parties, spread out throughout a state or country these issues arise.
Data security breaches are the new pharmaceutical class action. [National Law Review]
State Student Data Protection Laws and Regulations in 2014
36 states considered 110 bills related to student data protection and privacy in 2014. The usual and obvious bills to ban collecting and/or storing student data were filed. And more nuanced bills were fild such as those which granted State Baords of Education privacy powers to protect student data.
Need some pictures to show what was considered throughout the country? Check out the Data Quality Campaign. [Data Quality Campaign]
Data Security Quagmire: Public School Student Data
Schools have been tracking students to make them safer and more efficicent. The more data that is collected, the more information there is that can be fruitful to the nefarious hackers.
This year Florida became the first state to ban the collection of biometric identifiers from students. In 2014, 36 states considersidered 110 bills on protecting data security of students.
What type of student data protections are we seeing?
- FL bans collecting student biometric identifiers
- KS requires parental consent for collection biometric identifiers from students
- NH, CO, & NC ban the collection and retention of student biometric identifiers
- NH & MO said no to radio frequency student identification cards [Pew Trusts]
California Expanded New Data Security Law: Credit Monitoring Required?
The phrase “if any” is giving lawsyers fodder with California’s new data security law. The issue is whether “if any” means credit monitoring must be offered or may be offered.
As always, drafting matters. Read carefully. Consider propositions, conjunctions, and the placement of commas. It matters. [National Law Review]
Texas Lost its Data Information Officer, So Did 3 Other States
There’s a national talent deficit in cybersecurity personnel. Its also hard to hire the necessary talent when the talent can fiscally fare far better in the private sector. [The Fiscal Times]