Kevin Wheatley reports: A bill that would improve electronic safeguards at state agencies, including notifying affected individuals of data breaches, flew through a House committee Thursday. The House State Government Committee unanimously passed House Bill 5, which boasts 74 co-sponsors and has been pushed by Kentucky Auditor Adam Edelen after his office released an audit…
Category: State/Local
U.S. companies allowed to delay disclosure of data breaches
There’s really nothing new in here that regular readers of this blog won’t know already, but Karen Freifeld reports: A decade of lawmaking by U.S. states to ensure consumers are told when their data has been hacked still lets companies such as Target Corp wait weeks or even months to disclose security breaches. Forty-six of…
Opening The Flood Gates? California Voters May Create Presumption Of Harm In Privacy Breach Cases
Julian D. Perlman of BakerHostetler writes: California has moved one step closer towards amending its Constitution to create a presumption of harm whenever personal data is shared without a consumer’s express opt-in, a change that would clear a significant hurdle to many privacy breach lawsuits. On Thursday, California Secretary of State Debra Bowen approved steps…
Governor Brown signs SB 46 into law; expands California’s breach notification obligations when online account data is breached
Governor Jerry Brown signed SB 46 into law today. Dominique R. Shelton and Paul G. Martinoof of Alston & Bird had a good summary of the changes the law makes: S.B. 46 amends Section 1798.82(h) to expand the definition of “personal information” for which breach notification is required. The new law adds to the definition:…
Resource: State by state data breach notification laws
Perkins Coie has compiled an updated resource (141 pages) of state data breach notification laws:
ID theft bill moving through Fla. legislature
As I’ve been reporting for a while now, Florida is an absolute hotbed of ID theft for tax refund fraud schemes. Yet state-level prosecutors are hampered by a law that requires them to prove intent to use/misuse information if someone is found in possession of others’ identity information. Of course, the federal prosecutors are not…