California is limiting how third party education vendors can use student data. In an interview with Education Week, the new law is referred to as the “first truly comprehensive student-data-privacy legislation” and said he expects it to become a model for other states around the country.” [Education Week] [Copy of the Bill- The Student Online Personal information Protection Act]
FBI Chief: Pendulum of Privacy Has Swung Too Far
Privacy is a hot issue. Citizens want privacy. The government wants to be free to peruse your electronic information. It’s causing a bone of contention between the U.S. government and big technology companies like Apple and Google that seek to protect and encrypt customer data.
The FBI Chief is warning Silicon Valley that they are doing too much to protect privacy. He wants Congress to act to allow the government to intercept more electronic information. That should be popular with the new Libertarian leaning, Republican Congress. [WallStreet Journal]
FL Supreme Court Limits Cell Phone Data Tracking
For a good while law enforcement could obtain cell phone data without a warrant. Its a controversial 4th amendment issue throughout the US, including in Texas.
Florida police had a warrant for calls going into and out of a defendant’s phone, but the Florida Supreme Court said that warrant did not cover tracking cell phone data to follow the defendant’s movements. The ruling is being heralded as an enormous victory for privacy rights. [First Coast News] [Wall Street Journal]
Greatest Inhibitor to Innovation: Weak Data Security
This interim legislative committees have been studying data security after a rash of data breaches. It’s a complex issue. How to protect consumers, how to protect businesses and how to protect banks will be a tricky balance for the Legislature.
We need to add one more policy consideration- how data security policies impact innovation. Texas wants to be a leader in innovation and utilizes economic development programs and favorable tax environment to draw leaders in innovation to Texas.
A recent Intel panel on data security and data privacy suggests poor data security and data privacy policies are harming innovation. Add innovation and economic development to your list of poilicy considerations for 2015’s data security legislation. [Engadget]
Data Breach: DropBox
DropBox, the cloud storage service, was allegedly hacked. Logins and passwords are being published and bitcoin is being requested by the hacker. DropBox’s statement is that the hack came through a third party vendor, much like the Target hack.
DropBox recommends enabling the two key log-in. Two key log-in methods have also been discussed in interim committee hearings as a standard for the state to consider adopting in 2015 legisaltion. Look for the phrase in any laundry list of data security measures. [Houston Chronicle]
Snapchat: It’s Your Fault Your Snaps Got Hacked
Protecting your data security has many levels. One is personal responsibility, which is Snapchat’s point. Unusual PR choice of Snapchat to blame its own users. But, exercising personal responsibility to protect your personal data is smart. Don’t worry the good men and women of Texas government will come to your aid during 2015 with legislation to protect individuals and businesses, increase criminal penalties and create new causes of action. [NYMag]
Digital Health: New Hacker Fronteir
Digital health is big business. But, protecting digital health records doesn’t get the same attention as data breaches at retail establishments. We should be paying more attention to the security of our digital health records. [Washington Post: WonkBlog]
Data Breach Du Jour: Dairy Queen
Even the Blizzard cannot prevent data breaches. Dairy Queen followed the 3 key responses. (1) Publicly list of affected stores (2) Offer identity repair services. (3) Work with law enforcement. As usual, the target of the hack was credit card information while in transit, and no PIN numbers or social security numbers which were hacked. [GrubStreet]
Google’s Schmidt Says Encrypted Phones Won’t Thwart Police – WSJ
Data Security is complicated. Federal statutes and rules control on one level. State statutes and rules compliment and add to federal requirements. Legislation will be focused on keeping the bad guys out of your personal and private information. This protection from data breaches will focus on state causes of actions to protect businesses; additional security parameters for the banking industry; and state criminal causes of action galore.
Sometimes the bad guys who should be kept out of your personal and private information is law enforcement. Most of us think law enforcement can’t go on fishing expeditions for information and that law enforcement needs warrants. Such is not true. Here’s Google’s CEO talking about it to the WallStreet Journal. [WSJ]
Data Security & Firing Employees. Tread Carefully.
Breaching data security means jail time. Also- remember to be kind to people- when a fired employee is pushed to the point to break into secured email- there were communication problems. Communication problems usuallly trace to a failure to listen. Listen- it’s respectful. No one likes a name calling bully. Be smart, don’t incite those prone to hacking. [Albuquerque Journal]