Discussion

Sandeep0758
Week09Slides.pptx

State Laws Protecting Citizen Information and Breach Notification Laws

ISOL633 - Legal Regulations, Compliance, and Investigation

Learning Objective

Describe state legal compliance laws addressing public and private institutions.

Key Concepts

State regulation of privacy and information security

State data breach notification

State encryption regulations

State data disposal regulations

History of state privacy protection laws

DISCOVER: CONCEPTS

California Notification Law

California Database Security Breach Notification Act

First breach notification law

Enacted on July 1, 2003

Purpose to give California residents timely information to protect themselves

Serves as model for other states

California Notification Law

Anyone who owns or uses computerized data containing unencrypted personal information Anyone who owns or uses computerized data containing unencrypted personal information

7/1/2018

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Who Must Comply?

State agencies

Private organiza-tions

Business

Any entity storing info on California residents

Nonprofit organiza-tions

Data Breach Notification Laws

Requirements to inform customers of a data breach

Civil and/or criminal penalties for failure to disclose

Private right of action

Exemptions from reporting

DISCOVER: PROCESS

Personal Information - Defined

The general definition of “personal Information” is:

Both the Individual’s first name/initial and last name

And one or more of

Social Security Number

Driver’s License / State ID Number

Financial Account/Credit/Debit number AND the PIN/code/password to access it

Does not include publicly available information legally obtainable by general public from governmental records.

Check out this PDF from Baker & Hostetler, LLP for a nice chart documenting where personal information is wider than the general definition.

Breach Notification Decision Making

If breach occurred or may have occurred and

Computer system contains personal information

Personal information was encrypted

No notification required

Breach Notification Decision Making

If breach occurred or may have occurred and

Computer system contains personal information

Personal information was not encrypted

Individuals must receive notice of security breach

DISCOVER: ROLES

Roles

Chief Information Security Officer

Manages investigations of possible breaches

Legal Counsel

Handles all legal issues associated compromise of protected data

Office of Public Affairs

Directs all internal and external communication

Manages media relations

Maintains contact with law enforcement.

Human Resources

Advises on personnel issues and communications

States vary on what is covered

Encryption Regulations

Massachusetts

“Standards for the Protection of Personal Information of Residents of the Commonwealth”

Nevada

Data collectors must use encryption when transmitting personal information outside of their business network

Encryption as a Safe Harbor

Tennessee

In 2016, the language providing encryption as a safe harbor was removed.

In 2017, the encryption as a safe harbor was reinstated so long as the information’s encryption key isn’t acquired by an unauthorized person

Data-Specific Security and Privacy Regulations

Minnesota and Nevada

Require businesses to comply with Payment Card Industry standards

Indiana

Limits SSN use and disclosure

Data Disposal Regulations

Washington

Health and financial data must be destroyed when no longer needed

Law applies to any person or entity in the state

New York

No person or business may dispose of a record containing “personal identifying information” without shredding, destroying, or modifying it

Examples of Breaches

ChoicePoint Data Breach

ChoicePoint was a data broker

Databases contained public information and names, addresses, Social Security numbers, credit history, DNA information

Breach in late 2004; disclosed in February 2005, notified California residents

ChoicePoint data breach spurred creation of data breach notification laws in many states

Equifax Data Breach

Equifax is a consumer credit reporting agency

Databases contained public information and names, addresses, Social Security numbers, credit card numbers, driver’s license numbers, credit dispute information, etc.

Breach in early 2017; discovered in late July, disclosed on

September 7, 2017 – 143M US/0.4 -44M British/8K Canadian consumers

October 2, 2017 – Added 2.5M more US consumers

October 10, 2017 – 15.2M UK consumers PII, 11M US drivers licenses

Feb 11, 2018 – US consumer included DoB, Card expiration dates, and email addresses

Summary

State regulation of privacy and information security

Data breach notification

Correction:

All states now have data breach notification laws.

States are now starting to pass laws governing data brokers like Equifax

Some states are even starting to pass laws that mirror portions of the GDPR. (California pass a law in June that gives consumers the right to:

Request all the data that a company has on them

Request data on them be erased (the right to be forgotten)