DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

California Attorney General Releases Report Defining “Reasonable” Data Security

Posted on February 20, 2016 by Dissent

I’ve previously posted a link to a report by the California Attorney General on breaches in California and recommendations, but I like that this post by Hunton & Williams focuses on the how the recommendations relate to “reasonable security:”

Importantly, the Report states that, “[t]he failure to implement all the [Center for Internet Security’s Critical Security] Controls that apply to an organization’s environment constitutes a lack of reasonable security” under California’s information security statute. Cal. Civ. Code § 1798.81.5(b) requires that “[a] business that owns, licenses, or maintains personal information about a California resident shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect the personal information from unauthorized access, destruction, use, modification, or disclosure.”

You can read the rest of their post here, but I want to pull out one part of their summary of the recommendations:

Organizations, particularly in the health care industry, should consistently use strong encryption to protect personal information on laptops and other portable devices, and should consider it for desktop computers.

So even though HIPAA doesn’t require encryption, if you are not using strong encryption, you might be running afoul of California’s law (even though it’s a “should” and not “shall”). And this is where state attorney generals may have a significant role to play in privacy enforcement, as Danielle Citron argues in her new paper.


Related:

  • Protected health information of 462,000 members of Blue Cross Blue Shield of Montana involved in Conduent data breach
  • Resource: NY DFS Issues New Cybersecurity Guidance to Address Risks Associated with the Use of Third-Party Service Providers
  • TX: Kaufman County Faces Cybersecurity Attack: Courthouse Computer Operations Disrupted
  • Bombay High Court Orders Department of Telecommunications to Block Medusa Accounts After Generali Insurance Data Breach
  • Cyber-Attack On Bectu’s Parent Union Sparks UK National Security Concerns
  • Attorney General James Announces Settlement with Wojeski & Company Accounting Firm
Category: Commentaries and AnalysesHealth DataOf NoteU.S.

Post navigation

← ORCID Security Incident
Los Angeles physical therapy provider settles HHS charges that it impermissibly disclosed patient information →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • District of Massachusetts Allows Higher-Ed Student Data Breach Claims to Survive
  • End of the game for cybercrime infrastructure: 1025 servers taken down
  • Doctor Alliance Data Breach: 353GB of Patient Files Allegedly Compromised, Ransom Demanded
  • St. Thomas Brushed Off Red Flags Before Dark-Web Data Dump Rocks Houston
  • A Wiltshire police breach posed possible safety concerns for violent crime victims as well as prison officers
  • Amendment 13 is gamechanger on data security enforcement in Israel
  • Almost two years later, Alpha Omega Winery notifies those affected by a data breach.
  • Court of Appeal reaffirms MFSA liability in data leak case, orders regulator to shoulder costs
  • A jailed hacking kingpin reveals all about the gang that left a trail of destruction
  • Army gynecologist took secret videos of patients during intimate exams, lawsuit says

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • As shoplifting surges, British retailers roll out ‘invasive’ facial recognition tools
  • Data broker Kochava agrees to change business practices to settle lawsuit
  • Amendment 13 is gamechanger on data security enforcement in Israel
  • Changes in the Rules for Disclosure for Substance Use Disorder Treatment Records: 42 CFR Part 2: What Changed, Why It Matters, and How It Aligns with HIPAAs
  • Always watching: How ICE’s plan to monitor social media 24/7 threatens privacy and civic participation

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net
Security Issue: security[at]databreaches.net
Mastodon: Infosec.Exchange/@PogoWasRight
Signal: +1 516-776-7756
DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.