Vito Petretti and Eric J. Pennesi of MorganLewis write: The Personal Data Notification & Protection Act, (the Act) one of many security- and privacy-related legislative measures proposed by U.S. President Barack Obama last month, is intended to provide uniformity in the measures required of companies in the event of a security breach related to sensitive…
Category: Federal
Courts Address the Level of Security Banks Must Provide to Business Accounts
Angel Diaz writes: Big or small, all bank accounts are susceptible to hijacking and fraudulent wire transfers. Banks ordinarily bear the risk of loss for unauthorized wire transfers. Two independent frameworks exist to govern these transfers: the Electronic Fund Transfer Act (“EFTA”) for consumer accounts, and Article 4A of the Uniform Commercial Code (“UCC”) for…
Dear Lawmakers, Your New Breach Notice Laws Should Address These Issues
Craig Hoffman of BakerHostetler offers his thoughts about proposed legislation on Data Privacy Monitor. Here’s one example of what Craig thinks needs to be clarified in any bill: Owner/Licensor. Most state laws require the “owner” of the “personal information” that was stolen to notify the affected individual, while a “licensor” or “processor” of the data…
New Congress to hold first data breach hearing
Cory Bennett reports: Next Tuesday, Congress will hold its first hearing of 2015 on data breach notification legislation. “We need a plan in place that will help prevent data from being stolen in the first place, and will also alleviate consequences for consumers if hackers are successful,” said Rep. Michael Burgess (R-Texas), chair of the…
AU: OAIC updates information security guide
Computerworld reports: The Office of the Australian Information Commissioner (OAIC) has released an updated information security guide with tips on stopping rogue employees and advice on using cloud storage offerings. The Guide to securing personal information replaces the older Guide to information security and is designed to help government agencies and private sector companies meet their obligations under the Australian…
Obama’s federal data breach notification bill: boon to businesses, but not most consumers
So I’ve had a chance to read Obama’s proposed data breach notification bill, The Personal Data Notification & Protection Act, and although it has a few interesting points, it’s pretty much a rehash of bills that have raised concerns among privacy advocates for years. This post will describe just some of some of the provisions of the bill…