Lege Trend: Governmental Sharing of Cybersecurity Issues.
What’s Congress’ new cybersecurity idea? To ” increase information sharing among the Homeland Security Department and state and local governments about cyber threats and vulnerabilities”
Whose idea is this? Congressman Will Hurd filed a bill in December 2015 & Sens. Gary Peters and David Perdue are introducing a bill in March 2016
Politico | Warner, McCaul and Obama talk tech in Austin
Health Care Data Protection Changes from the Feds Will Filter to States
- Improving Health Information Technology Act (S. 2511)
- electronic health records interoperability
- establishing a medical device postmarket surveillance system
- loyal subscribers will recall the hacking of medical devices
- Ranking Member Patty Murray’s amendment to S.1878
- medical device data safety and effectiveness
- how do we keep consumers aware of medical device data security issues?
Healthcare IT | How Recent Senate HELP Bills Affect Healthcare Data Security
$170 Billion CyberSecurity Market.
- By 2020 the worldwide cybersecurity market will reach $170Billion
- In 2015 the world wide cybersecurity market is $75 billion
- Cybersecurity related firms will spend $170 Billion
- By 2019, the cost of data breaches will be $2.1 trillion
researcher Markets and Markets | Cyber Security Market by Solution (IAM, Encryption, DLP, Risk and Compliance Management, IDS/IPS, UTM, Firewall, Antivirus/Antimalware, SIEM, Disaster Recovery, DDOS Mitigation, Web Filtering, and Security Services) – Global Forecast to 2020
Forbes | Worldwide Cybersecurity Spending Increasing To $170 Billion By 2020
INTERIM & TREND: Data Ransom. Newest Target: Local Governmental Entities & Private Sector. 5 Bits Informed Intel.
What local governmental entity department was the newest target to hackers holding data for ransom? Durham, N.H., Police Department
How did the hackers do it? Attached a file to a email on a relevant police investigation that appeared to be fax file.
What did the police department do? Pay the ransom? Beat the ransom technology? The police department mitigated damage by recovering the locked files from a backup copy that hadn’t been infected. The department paid no ransom.
Is this an isolated example? No, these police departments have also been affected by ransomeware:
- 5 small police departments in Maine
- Police departments in these states have been hit by ransomeware:
- Illinois
- Massachusettes
- Tennessee
- These local governments have been hit by ransomeware:
- Detroit
- Medfield, Massachusettes
How has ransomeware grown in private sector? FBI says in 2014 the number of incidents grew 114%
Governing | Hackers Hold Police Files Hostage for Ransom
New Agency Jumps into Data Security Regulations. Consumer Financial Entities. 3 Key Points.
- the Consumer Financial Protection Bureau levied a fine against an online payment system company for the company’s data security practices in violation of the Consumer Finance Protection Act
- Consumer Financial Protection Bureau? Sounds Like Consumer Credit Commissioner?
- The regulators say the encryption touted by the company did not live up to its hype
Bloomberg BNA | Consumer Finance Agency Levies First Data Security Fine
National Law Review | Dwolla Fined $100,000 by CFPB in First Data Security Enforcement Action
Consent Order Between the Consumer Financial Protection Bureau and Dwolla
INTERIM. More Data Security Warnings for Energy Infrastructure
Who is issuing the warning? The Obama Adminsitration
What entities are being warned about data security threats?
- power companies
- water suppliers
- transportation networks
What’s sparked the warning? The attack n the Ukraine’s power grid 2 months ago. It was the first cyberattack that produced a wide spread blackout
What was the target of the cyber attack? industrial control systems that act as the intermediary between computers and the switches
What could hackers do with control over industrial control systems?
- distribution of electricity
- guidance systems for trains
- valves that control water supplies
- machinery that mixes chemicals at factories.
New York Times | Utilities Cautioned About Potential for a Cyberattack After Ukraine’s
Data Security Procurement Opportunity
Which governmetnal entity is seeking contractors for data security? Department of Defense
What is the data security objective? $600 million in computer system for background checks
Can similar procument opportunities present itself in Texas? Absolutely, keep your eyes open and subscribed to informedintel.com
Reuters | Pentagon to tap private industry for background check IT system
Report: Businesses Reluctant to Report Data Breaches. 3 Bits of Intel.
What group issued this report? The Institute of Directors and is supported by Barclay’s
What did the report find the rate of businesses reporting data breaches? 1/3
What percentage of businesses maintained cybersecurity insurance? 20%
WSJ | Report Warns U.K. Businesses to ‘Get Real’ on Cyberattacks
What Major US Company is Advertising its Government CyberSecurity Services?
AT&T.
The ad:
Cyber Security for Government
Help keep your agency’s information protected. Our proactive network-based approach to managed security delivers some of today’s most powerful weapons to combat cyber security attacks — helping to safeguard the elements of your IP infrastructure. To learn more about security solutions for your agency, please visit www.att.com/govsecurity.
INTERIM. Lege TREND: National Commission on Security and Technology Challenges. 3 Bits Informed Intel.
Data security and new government agency leadership posts and new agencies go hand in hand.
Pending federal legislation would create the National Commission on Security and Technology Challenges.
Here’s the info you need abou the National Commission on Security and Technology Challenges:
- its bipartisan: Senate Intelligence Committee member Sen. Mark R. Warner (D-Va.) & House Homeland Security Committee Chairman Michael McCaul (R-Tex.)
- required new agency report detailing:
- benefits of encryption in protecting privacy and civil liberties
- costs of weakening encryption
- versus
- impact on criminal investigations and counterterrorism
- 16 members chosen equally between House and Senate, majority and minority parties
Multichannel News | Encryption Commission Legislation Introduced
INTERIM. Lege Trend: State Cyber Security Czar
From where did this cyber security czar idea eminate? It was in the 2016 proposed federal budget from the White House. The feds had a gigantic data breach, so its time to fix it.
Are state’s picking up on a state cyber security czar position? Yes, including a proposal this week from California
What moves states to implement a state cyver security czar? Here’s what motivated California legislators:
- 160 state departments hold personal information about residents including:
- SSNs
- home addresses
- medical information
- On a voluntary state audit, 73 of the 77 responding state agencies said their departments “are not in compliance with cyber security standards”
- The State Department of Technology says its because agencies do not have enough funding for up to date technology
The Recorder | Lawmakers Seek Fix for State’s Cybersecurity Woes
Remember that 2015 IRS Taxpayer Data Breach? it's Back & Bigger. 2 Bits Informed Intel.
- On Friday, February 26, 2016, the IRS sais oops, there were more taxpayers affected by the data breach than we thought. Our bad.
- How much worse? Oh, just a couple extra 100,000s.
The Hill | IRS: Taxpayer breach much larger than previously reported
INTERIM. 98% of health care data breaches caused by…
…hackers. Yes, that’s right 98% of the data breaches in 2015 that occured in health care were initiated by hackers.
That’s an 80% increase over 2014.
What is the intent of the hackers that seek health care information?
- identity theft
- leverage the health care data to access medical care
- conduct corporate extortion
AJMC.com | Cyberattack on Hollywood Hospital Part of a Growing Trend
New Head of DIR beginning March 2016
Stacey Napier will lead the Department of Information Resources as the its executive director beginning mid-March 2016.
Napier replaces Todd Kimbriel, the interim executive director of DIR.
An overview of her background:
- She arrives from Governor Abbott’s office.
- She was with the Texas Attorney General’s Office for 10 +years
- She was previously the Chief of Staff to former state Sen. Florence Shapiro
Austin Business Journal | Texas names Capitol veteran as technology agency director
3 lessons from a data breach lawsuit. Specs Liquor v. Insurance.
Spec’s experienced a data breach that resulted in legal fees. Spec’s was insured and has sued its insurer over the coverage of costs incurred from the data breach.
3 Take aways from a Texas Company with data breach insurance coverage:
- Spec’s wants its insurance company to pay its legal fees for a legal fight between Spec’s and the credit card processor that experienced the data breach
- Insurance companies have become good at covering the initial expenses (notifications, initial legal fees, computer foresenics) of a data breach, it’s these longer term expenses, like litigation, where it gets murky
- Insurance companies have been re-writing general commercial liability policies to expressly exclude coverage for data breaches and instead offering a separate policy
Houston Business Journal | Spec’s lawsuit raises questions on how insurance companies should handle data breaches
Data Security Trend: Health Data Held Hostage for Ransom. Is it a crime?
The question for Texas, does holding business data hostage constitute a crime?
Where did data get held hostage? In California
How was the data held hostage? “malicious “ransomware” application to encrypt data on the hospital’s computer system, demanding payment in exchange for a decryption key”
What type of business? Hollywood Presbyterian Medical Center patient input information
What did the hackers want? $17,000 worth of bitcoin was paid to retrieve an encryption code.
Where patients harmed? No patient records or hospital care was impacted.
The Hill Ransomed hospital pays $17K to hackers to restore computer access
5 Bits Informed Intel on License Plate Reader Data and Legislative Restrictions. Procurement Doors Closing.
How much data has been gathered by license plate readers in Texas? Estimated 10 million license plate pictures, with locations, collected by month.
What can be done with this stored license plate information? It can track the location of a vehicle by plotting its sightings by day and time
What’s happening on this legislatively?
- In 2015, Texas bills preventing license plate recording & collection died
- Arkansas & Utah prohibit private companies from amassing license plate data collection
- California permits the collection of license plate data for 60 days, longer if the information is being used in an active felony investigation
- Colorado allows for data retention for 3 years, then the data must be destroyed
- Maine allows license plate readers for limited law enforcement purposes and data can only be retained for 21 days
- Maryland prohibits license plate readers
- New Hampshire allows license plate readers for limited law enforcement purposes
- Tennessee limis license plate data retention to 90 days
Lege Trend: Curtail Release of Any and All Student Data to 3rd parties. Bonjour, education vendors.
What happened to spark stronger student data privacy protections? A court allowed for the release of student data to a group of parents who are fighting a court battle over the quality of education for disabled students.
What data do legislators want to prevent schools from releasing?
- student social security numbers
- medical histories
- mental health assessments
- student disciplinary records
What is the nobel purpose of the legislative action? Schools collect data that is neither required by law nor required for public education purposes
The Recorder | Lawsuit Spurs New Student Privacy Proposal
California Assembly Bill 2097
Legal Trend: Lawsuits Over Smart TVs gathering & selling your data. the machines are alive. 2 Bits Informed Intel.
What data is being collected and sold by electronic devices? Smart televisions gather information about viewing habits and that data is sold to third parties .
Do owners of smart tvs know or have they consented to the data collection? According to a series of law suits, no, owners neitehr know of the data collection nor consent to it.
WFAA | Vizio’s smart TVs are snitches, lawsuit alleges
Legal Trend: Court Says Data Breach Is a Recognizable Injury for Lawsuit. The Case, a Health Care Lawsuit. 3 Bits Informed Intel.
What class action is progressing? The suit involving the Anthem Inc. health breach that affected 97 million.
What did the judge do that allowed the class action to move forward? Rejected Anthem’s argument that a data breach is not a recognizeable injury
What does this mean? Courts have split on whether a data breach, with no proof that the stolen data has been used to cause a harm, is enough of an injury to satisfy a lawsuit. The California Judge’s order says it is enough of an injury for a lawsuit under New York’s General Business Law, similar to California’s Unfair Competition Law.
The Recorder | Judge Rejects Key Defense in Anthem Data-Breach Suits
INTERIM State Attorney General Releases Data Security Recommendations. 3 Bits Informed Intel.
Which Attorney General office analyzed state data security breaches? California
What is the most popular data to breach?
- social security numbers
- credit card information
- medical information
What recommendations to policymakers emerged?
- Follow all the 20 controls in the Center for Internet Security’s Critical Security Controls, otherwise your company isn’t offering reasonably data security
- multi-factor authentication must be available
- encryption must be standard business practice
- All states should harmonize their data breach laws to make them effective
Lake County News | State attorney general releases Data Breach Report; more than 49 million records compromised
California Attorney General Data Breach Report
Business Trend & Lege Trend: Data Security Regulation Impact to Car Manufacturing & Dealers. 3 Keys .
- Auto Manufacturers are facing data security issues related to connected cars
- Car Dealers are facing dats security issues related to customer data, the link of that customer data ties to car data
- This combination that ties customer data privacy to hackable connected cars requires “robust cyber security infrastructure could give his firm competitive advantages against their competitors.”
Computer Business Review | Cyber security showroom – How Lookers put data security into car dealership
Lege Trend: Data Security in Probate
Providing mechanisms to address a decedent’s online presence is a growing trend.
This sounds rather nerdy, why is it important to a corporate client? Because the state may tell your client what it can and cannot do with customer data.
So, what state is now wading into this territory? Wyoming
What could happen with data at death?
- A user would be able to direct a service, like Facebook, to turn their accounts over to a fiduciary at death
- Or, if a will isn’t so set up, then a data custodian may turn the user’s account information over to a fiduciary or representative of the estate through a court direction
Government Technology | Data Protection, Privacy Bills Make their Way Through Wyoming State House
Trending: Create an Executive Branch Position to Coordinate Cyber Security
Which executive is proposing a new cabinet level position to coordinate cybersecurity? President Obama’s proposed budget includes the creation of “new high-level federal official to coordinate cybersecurity across civilian agencies and to work with military and intelligence counterparts”
Is there a new cyber security plan? Yes, the “Cybersecurity National Action Plan”
What’s the goal? build a cohesive, broad federal cybersecurity response that will:
- “drive cybersecurity policy, planning, and implementation for IT systems across” the federal government
- set and monitor performance goals for agencies
What will the new position do?
- Offer more training for the private sector, including:
- password and pin authentication to sign onto tax data
- 2 step authentication for government benefits
- Reduce the use of Social Security numbers for identification
Top Tech News | Obama Administration Plans New High-Level Cyber Official
Wall Street Journal | White House Proposes New Cybersecurity Plan
Lege Tren: Congressman wants to Preempt State Laws Barring Encrypted Devices
What do the feds want to stop the state legislatures from doing? barring the manufacture and sale of unbreakably encrypted smartphones
Why does this matter? California and New York have pending legislation to bar the manufacturing and sale of unbreakably encrypted smartphones.
Why would the state want to prevent unbreakably encrypted smnartphones? Law enforcement wants access to smart phone data.
What groups are involved in this policy fight? tech companies v. law enforcement
The Recorder | Bill Would Bar Encryption Measures at State Level
INTERIM Lege Trend: State Data Collection Bills. 5 Bits of Informed Intel.
The Virginia legislature is considering the Government Data Collection and Dissemination Practices Act which would:
- prohibit the state from secretly collecting data
- prohibit data collection “without a clear need for its collection”
- prohibit data collection by “fraudulent or unfair means”
- targets of data collection would be notified about the purpose of the information gathering and would be given the opportunity to amend, correct and erase “inaccurate, obsolete or irrelevant information,”
- require agencies that store data to use secure methods for holding the data
Governing | 7 Tech Policy Issues to Watch in 2016
Cyber Security Reforms Found More Deep Pocket Donors
The Hewlett Foundation has a $65 million initiative in cyber security.
Robert and Renee Belfer just added $15 million for the Belfer Center for Science and International Affairs at Harvard’s Kennedy School to establish the Cyber Security Project.
Inside Philanthropy | Meet a Wealthy Family That Cares About Cybersecurity
INTERIM Lege Trend: Protect Student Data Leading the Pack in the North. 3 Bits of Informed Intel.
Minnesota wants to do a better job protecting student data privacy. Here’s what the land of 10,000 lakes is proposing in its House Bill 2386:
- prohibit schools from forcing students to supply their access information to personal social media accounts
- prohibit school employees from forcing students to alter the settings of their accounts to make information visible to the public
- opens violating schools up for legal action on the part of the affected student
Governing | 7 Tech Policy Issues to Watch in 2016
INTERIM Lege Trend: State Data Security Commission from the East Coast. Public Private Partnerships. 4 Bits of Informed Intel.
New Jersey Legislature is considering SB 808 that would:
- Create a 6 member Cybersecurity Commission under the Department of Law and Public Safety
- tasked with evaluating New Jersey’s “informational infrastructure”
- private and public collaboration on cybersecurity
- Issue recommendations on:
- securing state networks
- offering strategies to bolster the cybersecurity industry in the state
- providing cyberhygiene and awareness
Governing | 7 Tech Policy Issues to Watch in 2016
INTERIM 2016 Data Security Poll Numbers. Fear of Regulation & Legislation.
- 31% worry about internal controls over financial reporting;
- 26% are sleepless over data infiltration and IT security;
- 20% aren’t cozy over tax compliance;
- 17% fear the madness of future regulatory mandates.
Bloomberg BNA | DATA SECURITY SEES POLL NUMBERS RISE
January 28th: Data Privacy Day. 10 Data Security Trends for 2016.
- Fitbits will get hacked.
- The E.U. and U.S. fight on datat security will continue
- Businesses should have data security policy & do risk assessments
- Data Security will be guided by industry specific standards
- Telephone Consumer Protection Act will be a new source of data security lawsuits
- Company issued electronic devices vs. personal electronic devices means more now that we’re in the age of data security
- Curate and protect your social media like you do your health data from your fitbit
- FTC and FCC will go stronger to protect data
- HIPPA and data security will see a renaissance
- Develop a breach notification plan (regulators are rewarding those that do)
National Law Review | Top 10 for 2016 – Happy Data Privacy Day
Lege Trend: Data Encryption Bans. 4 Bits of Informed Intel.
- Which states have pending legislation to penalize fully encrypted cell phones? California & New York
- What fine is being imposed under these bills? $2500
- What’s the goal of these encryption bans?
- help law enforcement better combat human trafficking and other serious criminal activities that are being conducted over hidden encrypted networks and locked devices.
- What groups oppose these encryption penalties? The tech and privacy community
The Hill | Calif. bill would ban fully encrypted smartphones
Business Trend: No Taxes on Data Breach Protection Services. 2 Bits of Informed Intel.
The IRS has ruled that businesses can go tax free for credit monitoring & identity theft protection services that:
- are provided by employers to employees following a data breach
- are provided before a data breach
national law review | Tax Benefit for Early Cybersecurity Protections
Trending: Libertarians, Civil Libertarians & Privacy Advocates Want to Repeal 2015 Federal Data Security Laws
4 Key points to know now:
- Incentives for corporations to share data is a ruse for law enforcement to access data without a warrant
- Libertarians are calling the 2015 law, “the worst anti-privacy law since the USA Patriot Act”
- Undermine government accountability
- Erode American privacy protections
The Hill | Critics urge lawmakers to repeal recently passed cyber law
INTERIM Lege Trend: Creating a Privacy and Consumer Protection Committee
California Assembly has a new committee to handle privacy and technology issues. What’s the committee jurisdiction?
- drones
- data security & breaches including in health care
- Smart cities that use technologies to communicate with residents
- security of networks
- oversight of state computer data security
The Recorder | Calif. Lawmaker Forecasts Busy Year in Privacy
INTERIM. Home of the Ducks is now Home of Data Security. 5 Bits of Informed Intel from a new Data Security State Law.
- data breach defined in new Orgegon law as:
- “an unauthorized acquisition of computerized data that materially compromises the security, confidentiality or integrity of personal information that a person maintains.”
- personal information that triggers the notification statute
- Social Security number;
- Driver license number or state identification card number issued by the Department of Transportation;
- Passport number or other United States issued identification number; or
- Financial account number, credit or debit card number, in combination with any required security code, access code or password that would permit access to a consumer’s financial account
- Statute only applies to unencyoted information
- law enforcement can delay notification if it would impede an investigation
- Statute does not apply to medical or health insurance information
Health Security | Oregon Data Breach Notification Law Goes Into Effect
Teacher Data Hacked. 3 Keys from the ISD Response.
What did hackers breach? Lawrence, MA Public Schools’ online database
How did the hackers breach the school database? A phishing attack
What did hackers take? Teachers’ personal information:
- names
- phone numbers
- addresses
- Social Security numbers
- calendar year 2015 gross earnings
How did the school district respond?
- email to teachers informing them of the breach
- explained that the district would:
- mitigate the breach
- directing teachers to sign up for 90 days of free credit monitoring
- prevent future breaches
- work with Massachusetts State Police, State Attorney General, & the state Office of Consumer Affairs and Business Regulations
- The day after emailing the teachers, the district issued a press release
Eagle Tribune | Teachers’ personal data hacked
Trend: Police Officer Body Cameras Data Storage and Data Safety. Top 3 Concerns for 1 State.
Maryland’s concerns over data storage and security for police body cameras include:
- Price tag to store the data is prohibitively expensive
- The data costs have stopped police departments from using body cameras
- The storage retention policies differ for the recordings.
- General 90 day retention
- If there is an ongoing investigation data retention is for the length of the investigation
- any video considered evidence must be maintained for 4 years
Record Journal | Legislature expected to revisit body camera law after worry about data storage cost
INTERIM. Lege Trend: Data Security Proposal. 3 Points to Know Now.
What kind of data breach triggered data breach law changes in Maine? A health care data breach affecting 120,000.
What requirements does the legislator weant? Extended credit monitoring & fraud protection services requirement to total 2 years.
Are these legislative changes from a chairman? Yes, the Maine legislator behind this push is the House chairman of the Insurance and Financial Services Committee.
Kennebec Journal| Waterville legislator seeks more protection for victims of Augusta hospital data breach
INTERIM. 8 Elements of Data Security Laws & Regulations.
- Data Breach Definition.
- What data was breached?
- The level of knowledge the data holder must have of the breach before notification is triggered. Did they know? Is it reasonable that this data was breached?
- How to treat good faith access to data by an unauthorized employee
- How to treat the breach of account creditial information.
- user name, passwords, and security questions
- Timing.
- When must notification be given?
- How to treat data processors, people who hold the data but are not the owners of the data.
- Must data processers notify data controllers immediately?
- An example would be a contractor who has a data breach of state employment records.
- Whether identify theft protection must be offered and for how long.
- Can companies waive their liability?
- California law prohibits this waiver.
- Statutory risk mititgation requirements.
The Recorder | Know the Basics of Data Breach Notification Laws
Model Health Care Data Security legislation. 3 Key Elements.
- A limited time healthcare industry cybersecurity task force
- The taskforce includes cybersecurity experts and healthcare stakeholders
- The charge to the task force:
- analyse the cybersecurity risks facing health care
- recommend ‘actionable cyber threat indicators & defensive measures
The legislation people are looking to: Congress cyber security legislation.
The Global Legal post | Healthcare sector suffers chronic data breaches
New Legal Trend. Suing the Company Hired to Stop the breach. 2 Take Aways for Government Procurement for Data Security Services.
What‘s happening? Affinity Gmaing, owners of 11 casinos, is suing the company it hired to contain a data breach.
How is this relevant to Texas government? Pay close attention to the enforcement actions and lawsuits that emerge from the federal government OPM data breach in which the company hired for remediation.
Why is this important? the laws related to data security are chaning at lightening fast speed. Faster than a lobbyist can walk, and on a very complex, technical topic which does make for smooth lobbying.
iapp | Daily Dashboard | Is this case a new avenue for data breach liability?
Trend: Financial Regulators Target Security. 3 Trends.
The SEC is getting tough on data security. State financial agencies likely to follow suit. Here’s what’s happening:
- Enforcement actions against companies with weak security protocols
- The SEC expects financial firms to have security planning in place before a hack
- Periodic risk assessments and encryption are key
Financial Times | Securities and Exchange Commission gets tough on cyber security
INTERIM. Auto Manufacturers. Hackers. United Front. The Impact to Lege Trends and Regulatory Trends.
Why is GM embracing white hat hackers? To help identify and notify of security risks.
What’s the industry response? Just announed Detroit’s first public security vulnerability disclosure program bringing together GM and HackerOne
What’s the benefit to white hat hackers? As long as thehackers follow basic published protocols, the hackers can challenge security without legal repercussions.
So, its creating charitable immunity for white hat hackers? in contract form, yes. It allows hacker alliance to continue its bounty hunting without legal ramifications.
ARS Technica | GM embraces white-hat hackers with public vulnerability disclosure program
INTERIM. 2 Elements of a Data Breach Response That Trigger new State Causes of Action.
What dam got hacked? Iranian hackers targeted a dam in New York. Shortly thereafter Ukranian hackers got into a power grid.
What type of hack triggers a state response or the creation of a new state penalty?
- Look to whether the hackers took control of the system or just “looked around”
- Look to whether any person was injured as a result
Just Security | Was the Cyber Attack on a Dam in New York an Armed Attack?
Lege Trend: Tech Caucus. 3 Priorities.
California Legislature has a newly formed Tech Caucus. It’s full name is the Legislative Technology and Innovation Caucus.
One would think if any state had a tech caucus, it’d be California. Such is not the case. It was founded by the legislator pushing ride share legislation in California.
The priorities of the fledgling tech caucus are:
- Touting the sharing economy.
- ride share, fly share, move share, house share
- workforce training and workplace diversity
- bring together tech industries and associations
The Recorder | Tech Caucus Forms, But Hasn’t Taken Shape
Library Data. Do Cities Protect it? Do Universities? 3 Points from the Pro-Delete User Records Side.
- The City University of new York began purging data because it believes libraries should only keep information users want
- American Library Association doesn’t believe you are what you read and opposes law enforcement use of library records.
- The Library Freedom Project supports protecting web searches on public computers, encouraging libraries to operte exit nodes and Tor, a difficult to trace web browser
The Guardian | You are not what you read: librarians purge user data to protect privacy
INTERIM. Lege Trend. State Suffers Major Breach. Responds with 2 Step legislation.
What was the state government data breach? in 2012, South Carolina suffered a data breach that exposed records for 6 million taxpayers.
What legislative fixes have emerged from South Carolina in wake of this data breach?
- Support agencies’ preventive measures
- dual-password programs
- laptop encryption
- Centralize cybersecurity in an office under the governor.
- Allows an information security director to oversee and enforce statewide standards.
Governing | 2016’s Top Legislative Issues to Watch
Hacking Mother Lode at the U.S. Department of Education. 5 Points to Know First. Education Contractors Be Aware.
- Treasure Trove of Data. House Oversight Committee Chairman Jason Chaffetz (R-Utah) is warning that a hack on the Department of Education would make the OPM data breach look like child’s play
- 1/2 of all U.S. government records are at the U.S. Department of Education
- Bad Inspector General Report. Deficiencies in security at Department of Education were called out by a November Inspector General report
- An F In Security. The agency also got an F in implementing security requirements under the Federal Information Technology Acquisition Reform Act
- Contractors have hands in 184 data cookie jars. Congress is laser focused on the 184 different programs that are used or maintained by 3rd party contractors.
The Hill Oversight head: Hackers would hit mother lode at Education Department
Data Security Meets Sharing Economy Meets Regulatory Enforcement Powers
Which state has an agency enforcement action against the sharing economy? New York’s Attorney General
Which part of the sharing economy is the NY Attorney General looking into? Ride Share
What’s the issue? Buzzfeed reported that company execuitves had access to rider locations through the ride share app
Let’s get to know what could happen in Texas, and look at what enforcement deal was worked out in NY. The settlement included:
- a 20K fine
- requiring ride share entity to adopt a data security plan
- encryption of rider geo-location information
- adopting “multi-factor authentication
- establish corporate data security safeguards like:
- annual privacy and security training for employees
- designation of a person to supervise a privacy and security program
- maintain reasonable security practices
NY Daily News | Uber agrees to pay $20K fine, adopt data security provisions to settle probe by AG Schneiderman’s office
The Hill | Uber settles with New York AG over privacy
INTERIM. State Creates Office of Data Privacy and Protection
What State created an Office of Data Privacy and Protection? Washington
Did it do it by legislative action? No. It was created by Executive Action.
2 Reasons Why Washington State Created this new Data Office:
- Washington is the “world’s center for digital commerce.”
- That’s sure to make Texans happy.
- “good cybersecurity is essential to the continuity of global commerce and to a thriving economy”
3 Powers the new Office of Data will have:
- Train state agencies on best privacy practices
- Assist Washington residents through consumer outreach and education programs
- Conduct annual reviews of the state’s privacy policies and practices
Governing | Washington State Creates Office of Privacy and Data Protection
INTERIM. 4 Points from the EU to Guide Texas Data Security Legislation
The EU is revamping its data security statutes, why should Texas care? Because E.U. courts have taken a very libertarian and conservative view to protect personal information.
Did the EU take any actions that might translate to Texas? Yes, 4 Points to consider:
- Stronger requirements for obtaining consent to collect/store data
- Memorializing the “right to be forgotten”.Sounds an awful lot like the Texas Do Not Call List.
- 72 hour noptification requirement for comapnies to notify the EU of a breach
- Fines up to 4% of a company’s global revenue for its non-compliance
National Law Review | EU Finalizes Text of New General Data Protection Regulation
Looking for Clients in a booming business? Look to data security insurers.
Data security insurance is a hot commodity. Here’s why:
- Gross income from premiums will rise by 300+% in the next 5 years
- More income is on the horizon, even with factoring in new regulatory and legislative changes for this burgeoning market
Why the boom? High profile data security breaches lead to more data security policies being written.
Bloomberg | Cybersecurity Insurance Explosion Poses Challenges
Power Grid Vulnerable to Hacking. 3 Reasons Why.
- A cyber security researcher in California discovered that Cyberattackers had opened a pathway into the networks running the United States power grid.
- Digital clues show hackers tied to Iran have possession of passwords and engineering drawings of dozens of power plants
- In 2012 and 2013 Russian hackers sent encrypted commands to points on the US power grid
- Why is the power grid so vulnerable? An aging, outdated power system
- Just like other hacks, vulnerabilities occur in 3rd party providers
- Hundreds of contractors sell software and equipment to energy companies
Sacramento Bee | AP Investigation: US power grid vulnerable to foreign hacks
INTERIM Lege Trend: Education Contractors Contracting Changes for Data Security
California revamped its data security statutes for education last year. California Education Code Section 49073.1 requires education contractors to:
• a statement that pupil records continue to be the property of and under the control of the local educational agency;
• a description of the means by which pupils may retain possession and control of their own pupil-generated content, if applicable, including options by which a pupil may transfer pupil-generated content to a personal account;
• a prohibition against the service provider using any information in the pupil record for any purpose other than those required or specifically permitted by the contract;
• a description of the procedures by which a parent, legal guardian, or eligible pupil may review personally identifiable information in the pupil’s records and correct erroneous information;
• a description of the actions the service provider will take, including the designation and training of responsible individuals, to ensure the security and confidentiality of pupil records;
• a description of the procedures for notifying the affected parent, legal guardian, or eligible pupil in the event of an unauthorized disclosure of the pupil’s records;
• a certification that a pupil’s records shall not be retained or available to the service provider upon completion of the terms of the contract and a description of how that certification will be enforced;
• a description of how the local educational agency and the service provider will jointly ensure compliance with the Family Educational Rights and Privacy Act (“FERPA”); and
• a prohibition against the service provider using personally identifiable information in pupil records to engage in targeted advertising.
California Education Code Privacy Chapter
The Recorder | Keep Up with Data Security
INTERIM 2015 Health Care Data Breaches Leaked 112 Million Health Records. 3 Points to Know.
- Health care comapnies are required by HIPPA to report breaches
- The federal government publishes breach information. Check out: Office of Civil Rights (OCR) under Health and Human Services
- 90% of health care breaches in 2015 were the result of a Hacking/IT Incident
Remember when Texas passed laws to go above and beyond over HIPPA? Look for it in health care data protection too.
Forbes | Data Breaches In Healthcare Totaled Over 112 Million Records In 2015
3 New Rules from Cyber Insurance Coming to a Regulator Near You
- Lots of cyber insurance policy litigation.
- You know what lawyers mean- lawsuits and legislation.
- 2015 was once in a lifetime groeth in cyberinsurance market
- Hyper growth leads to regulation and legislation as the unintended consequences emerge
- health care cyber insurance renewal rates are seeing 150% premium increases
- Big premium cases mean, big regulatory and legislative changes are afoot
Property Casualty 360 | Cyber insurance 2015: Inside a robust and rapidly changing market
5 Most Costly Data Breaches of 2015. Taxpayer Costs. Procurement Opportunities.
- IRS breach. 100,000 taxpayers exposed. Estimated cost $50 Million.
- Anthem health insurance breach. 80 million health insurance records leaked. Cost estimate $100 Million.
- Office of Personnel Management. 21 million federal employee and contact records breached. Minimum cost is the $133 million contract to a credit monitoring and mitigation services provider.
- Ashley Madison Breach. 37 million customer information hacked. A class action lawsuit seeks $578 million.
- Two Year 100 banks in 30 countries. $1 billion over the course of two years.
Secure Speak | The Most Costly Data Breaches of 2015
Lege Trend | Tuck Data Security Bill into Spending Bill
Change general law in a spending bill? No, say it isn’t so. Yes, it is so.
Congress is adding data security language to is spending authorization bill. Here are the highlights that have privacy advocaes on the right and left up in arms:
- The government already spies on its citizens too much
- Going light on businesses that share more information about data breaches with the government and other businesses isn’t helping privacy
- Protecting from disclosure under the Freedom of Information Act all this collected data breach information isn’t open government
Post Recorder | Major cyber security legislation tucked into US spending bill
$45 Million in Cyber Security Research Grants to Universities. Any Universities in Texas?
Who is funding cybersecurity grants? The Hewlett Foundation Cybersecurity Initiative
How much in grant fudning is available? Started at $20 Million. It’s at $45 Million now.
The lucky recipients are? University of California at Berkeley, Stanford & MIT
Any Texas recipients? No. As Hewlett chief alludes, more private interests need to support research about how cyber security should look in the future. Specifically:
- develop a comprehensive conceptual framework for cybersecurity.
- think broadly or systematically about a larger framework
- think about what cybersecurity should look like in the future
- how to balance new technology and privacy
Inside Philanthropy| Building a Field: Here’s a Case of a Foundation Creating New Knowledge and Expertise
Texas Home to New Cyber Squad of National Guard
U.S. Army National Guard announced “13 new cyber units that will be spread throughout 23 states by the end of fiscal year 2019.”
The U.S. Air Guard will be operating a new cyber squadron in Texas.
SC Magazine | Army National Guard announces 13 new cyber units across 23 states
INTERIM: 5 Concerns Your Clients Have about Data Breaches
- More concerned about data breaches than lawsuits
- Worried about corporate image damage from data breaches
- Board Chairs and CEOs are more involved in data security than ever before
- Odds are high most comapnies have a data response plan
- Data breaches are increasing in severity and frequency
Credit Union National Association | Study: Companies losing confidence in data breach protections
Data Center Economic Development in South Texas
What data center project? Microsoft bought 158 acres in the Texas Research Park real estate controlled by the Texas Research & Technology Foundation.
How big of a project is this? It will be one of the largest data centers in the U.S.
Where’s the economic development angle? The Texas Research and Technology Foundation uses proceeds from the sale of the land to fund biotech companies
Puget Sound Business Journal | EXCLUSIVE: Microsoft buys nearly 160 acres in San Antonio for data center development
INTERIM Retailers Oppose Data Security Bill. 3 Reasons Why.
- Holiday shopping spikes make tracking amonolous shopping transactions very difficult
- Overburdensome to small retailers
- Ignores the data security responsibility of 3rd party vendors and financial institutions
The Hill | Retailers pan cyber bills as holiday assault looms
How 1 Western State Classifies Info as Public, Confidential, Secret, or Top Secret.
The Montana Information Technology Managers Council this fall promulgaed policy to require Montana state agencies to classify information in 4 categories:
- public
- confidential
- secret
- top secret
Open government? The category names depcit a conflict between category names IT professionals regularly utilize & the categories that political types would prefer,
The policy is htting the Montana Legislature with a roar.
Montana Standard | State mulls policy on public, secret, top secret info
INTERIM DATA SECURITY: The National Standard for Data Security Legislation is Not Texas. It is 1 of the 10 States with new Data Security Laws in 2015.
…California.
The Hill reports that Congressinaction is by default allowing California’s data breach laws to precedence as a national standard.
California data security laws tackle business notification requirements; education data breaches; and health care data breaches.
10 States that strengthened daa security laws in 2015:
- Connecticut
- Montana
- Nevada
- New Hampshire
- North Dakota
- Oregon
- Rhode Island
- Washington
- Wyoming
- California
The Hill | Has Congress allowed California to set a national standard for data breach notification?
Agency Slapped for Mismanaging Data Security Contract
Which agency is causing an uproar? The federal Office of Personnel Management. AKA “The OPM Breach of 2015”
How did the agency mishandle the data breach? A report this week from OPM’s Inspector General found 5 contracting irregularities when OPM awarded a $21M clean up the data breach contract.
The 5 Government Contracting Problems:
- OPM did not offer a complete scope of the work
- Conduced inadequate market research
- had an incomplete acquisition plan
- exceeded dollar limits on blanket agreements
- Unreliable contract file
CNN | OPM hit for mishandling data breach cleanup
Lege Meet Legal Trend: Hacking Laws. Define Data Ownership Like This.
The 9th Circuit Court of Appeals is wrangling over wording in an anti-hacking statute.
What legislative craft became legal fodder? Whether a law that prevents hacking can be applied against a business.
Why does this matter to your clients? Businesses want to protect the data they retain and the data their customers have on their websites and computers. But, who owns that data?
Why does this matter in Texas? Data storage facilities in Texas, like the large Facebook data storage open Texas legal system to the issue. And state laws on the issue matter too. Are there tech companies in Texas? Yes. Are your clients storing data there? Yes, probably so.
This is confusing, give me an example. Hypothetically, there’s a website where people post every detail about their life. If the postings are targeted by a marketing company, the data accessed, does this hypoethical site with its walls of information have the right to stop it or do the people posting the info have privacy rights in their data?
What have courts done? In California, lower courts have sided with the business that stores the data, and not recognized personal privacy of the individual.
The Recorder | Hacking Law Gets Workout in Facebook Case
Lege Trend: State Budget to Boost Data Security
Where? Virgina
What budget provisions are boosting data security? Governor McAuliffe says the state’s budget will include education investments for cybersecurity, including:
- scholarships for students who agree to serve two years of public service in the cybersecurity workforce after graduation
- increased cybersecurity training in high school including:
- new virtual, secure platform to enhance student cyber skills
- providing training on cyberattack detection and defense
- developing cyber certifications
- encouraging student collaboration within the industry, to conduct research
- offering training for active duty military and veterans.
- higher education fudning for institutions that meet national standards for cybersecurity training
Why the state focus on cybersecurity? “Cybersecurity education is a key component to building the new Virginia economy.”
NBC 29 WVIR| Gov. McAuliffe Says Budget Would Boost Cybersecurity Industry
INTERIM Lege Trend: State Proposes 6 Data Security Standards for Businesses.
New York Legislature, at the behest of its Attorney General, is strengthening its data security laws.
Assembly Bill 6866 adds new data to protection requirements and increases penalties.
This bill creates these standards that establish compliance with the law for businesses:
- a business that protects data more than the law requires
- a business that complies with Gramm-Leach-Bliley Act
- a business that meets international standards for information security
- a business that complies with HIPPA
- a business that complies with current National Institute of Standards and Technology Standards Special Publication 800-53
- a business that:
- has a designated security employee
- identifies reasonably foreseeable security risks
- assesses safeguards and risks
- selects providers that are have appropriate safeguards
- regularly tests and monitors its business systems
- maintains a Security Program Practices & Procedures
- disposes of information in a manner that does not allow the information to be read or reconstructed
New York A06866
INTERIM Lege Trend: State Data Security Laws. Upstate Ups the Ante on Health Care & Biometric Data. More fines for More companies.
New York Legislature is considering stronger data security laws which would:
- increase penalties against companies from $150,000 to $1,000,000
- in addition to current required protected information of Social Security, driver’s license and credit card numbers, this bill would require protection of biometrics like fingerprints
- user names, email addresses, securty questions and answers
- health information protected under HIPPA
- establishes reasonable safeguards for business
- establishes government data security standards in New York
Times Union | Santabarbara promotes data security bill on Cyber Monday
AO6866 Data Security Act in New York Legislature
Data Security Meets Bond Ratings. See How it will impact Texas.
Moody’s is warning that its ratings analysis will include cybersecurity.
Moody’s big picutre cybsersecurity:
- cyber defense
- cyber detection
- cyber prevention and response
Moody’s specific analysis will include:
- Nature of the affected assets or businesses
- Duration of service disruption and expected time to restore
- Scope of the affected assets or businesses
Why does this matter to Texas? Every state entity and local governmental entity that issues bonds will be impacted.
Think Advisor | Threat of Cyberattacks Could Now Affect Moody’s Ratings
Legl Tech News | Threat of Cyberattacks Could Now Affect Moody’s Ratings
INTERIM: Data Breach. Kid data and pictures hacked.
VTech, a manufacturer of electronic educational gadgets for kids, has been hacked.
Hackers took:
- headshots of kids & parents
- chat logs
- audio files of kids
- names of kids & parents
- email addresses
- home addresses
- birthdays
Remedies:
- A hacker contacted a tech company to expose VTECH’s unsecured data storage.
- VTECH took down their portals that allowed for data storage until a resolution can be reached.
Motherboard | Hacker Obtained Children’s Headshots and Chatlogs From Toymaker VTech
The Hill | Toy maker hack exposes data on 200K children
Mashable | The VTech data breach shows kids are just as vulnerable to hacking
Lege Trend: Power Grid + Data Security. 5 Rationals. 4 Solutions.
Congress is working to secure the nation’s power grid because the power grid is facing a major cyberattack because:
- the power ” industry’s digital defenses are dangerously lagging and underfunded
- energy companies are “scrambling to play catch-up”
- energy companies are ” leaving the all-important power grid exposed to hackers”
- “the industry isn’t fully prepared to stymie sophisticated hackers.”
- “In 2014, the energy sector was the most targeted of the nation’s critical infrastructure industry sectors,”
5 Solutions bandied about in D.C.:
- New presidential team to coordinate cyber threat assessment & response efforts
- More funding for cybersecurity in energy and utilities
- More funding for the Energy Department program, Cybersecurity for Energy Delivery Systems, to research & develop tools to protect the grid
- Create “The Terrorism Prevention and Critical Infrastructure Protection Act” to direct DHS to work with critical infrastructure companies, like power grid operators and utilities to boost their cyber defenses
The Hill | Congress struggles to secure nation’s power grid
Government Data Breaches Barred by Sovereign Immunity?
The IRS is asking a D.C. federal judge to bar a suit against one of its data breaches on the grounds that the IRS is immune from suit.
Lexis Nexis Legal Room | IRS Says Data Breach Suit Barred By Sovereign Immunity
How 1 Health Insurer Responded to a Class Action Data Breach Suit Affecting 80 Million
Anthem Inc. responded to a class action lawsuit concerning a data breach affecting 80 million by focusing on the 1 hot botton issue legislatures and regulators are focusing on:
whether the person whose personal information was hacked suffered any actual damages
Why is this response from Anthem important? Because courts, legislatures, and regulators have come down on all sides of whether actual damages is required in a data breach suit.
Anthem also provided all 80 million customers with 2 years of free credit monitoring.
The Recorder | Anthem Fires Back at Data Breach Suit
U.S.E.D. Inspector General. Education Data is Not Safe. Activists on the Scene.
When did the Inspector General testify that U.S. Department of Education data is not safe? While testifying at a November 17, 2015 hearing of the House Committee on Oversight and Government Reform
Why is federal education data vulnerable to hackers?
- lax controls over who can access student data
- outdated technology
- inadequate data security
What type of student data does USED keep?
- 139 million Social Security numbers
- sensitive financial aid borrower information about students and families
- 97,000 account/users with access to this information
- Less than 20% have had a background check to receive a security clearance.
- Chairman Rep. Jason Chaffetz (R-UT) summed up the problem: “[A]most half of the population of the United States of America has their personal information sitting in this database, which is not secure.”
Breitbart | U.S. Department of Education Data System Riddled With Vulnerabilities For Students
Audit of State Cyber Security Reveals Security Flaws & Recommendations.
California’s state auditor released a report on the California’s technology department that:
- found 73 of 77 failed to meet state cyber security standards
- a recently adopted state pilot program to beef up cybersecurity compliance was blasted for taking too long & that compliance verification would take 20 years with existing state resources
- self certification of agencies lacked enforcement mechanisms
The audit recommends:
- a mandate that California’s technology department undertake a more rigorous security assessment of the state’s information assets
- the state shore up funding for cybersecurity
Legslation was filed in response that:
- requires a technology security audit of every agency at least once every 2 years
Governing | States Are Slacking on Cybersecurity
Health Care Data 12 times more Valuable to Hackers than Credit Card Data. 3 Reasons Why. Be Ahead of the Curve.
Security Experts say health care data is 4 to 12 times more valuable than credit card data to hackers.
Why is health care data so valuable?
- Health care data sets are “extremely detailed personal information.”
- Health care data alone allows a hacker to:
- Apply for credit cards or loans
- “Allows a hacker to generate huge sums from fraudulent medical charges,”
- Average financial loss for stolen health care data: $13,500 per victim
Health care Informatics | Survey: Majority of Americans Underestimate the Threat of Stolen Medical Data
Trendy Lege & legal Issue: Did the Breach Lead to Harm? How one ALJ Decided.Courts Differ.
Courts and legislatures have differed as to whether a person can bring a lawsuit when their personal data is stolen, but the data has not been used to harm the person.
What happened in this administrative law case? The FTC has been trying to enforce sanctions against a health care company for a data breach.
The FTC legalese is that the health care company’s ” purported failure to institute reasonable data security constituted an unfair trade practice under section 5 of the FTC Act, because the conduct caused or is likely to cause substantial injury to consumers.”
Wait, I thought it was the FCC that did data security regulatory enforcement? Several federal agencies have regulatory authority. The FCC, the FCC, HHS and the SEC have all been involved.
What did the ALJ order in this case? That since there was no proven injury from the data security breach at the health care company, and the only measure of injury was through speculation; therefore FTC you lose.
Reed Smith | Technology Law Dispatch | ALJ Dismisses FTC’s Data Security Suit Against LabMD for Failure to Prove ‘Substantial Injury’ to Consumers
4 Industries at Highest Data Security Threat
Morgan Stanley’s chief information officer of technology and risk information told the Securities Industry and Financial Markets Association’s annual conference that there are 4 industries at the highest threat level for cyber security attacks:
- Financial services
- energy
- health care
- defense sectors
Think Advisor | 3 Emerging Cyber Threats to Watch in 2016: SIFMA
3 New Cyber Security Threats for Financial Types & Everyone
Morgan Stanley’s chief information officer of technology and risk information told the Securities Industry and Financial Markets Association’s annual conference that there are 3 new cyber security threats emerging:
- ransomware- targets an entity, holds your systems hostage until a ransom is paid
- malicious insiders- someone with valid apparently credentials that seeks to “expose” the entity
- destructive malware which hits the energy sector more than financial sectors
Think Advisor | 3 Emerging Cyber Threats to Watch in 2016: SIFMA
2015 House Interim Charges. 14 Committees. Data Security is Everywhere.
Data Security
Businesses | Financial Institutions | Law Enforcement | Education | Local Governments | State Data Safety | Data Security in State Contracting
THE INTERIM CHARGES
- Business & Industry: data security in the sharing economy and business cybersecurity
- County Affairs: County data security and data retention
- Government Transparency & Operation: state cyber security standards, agency cyber security, data retention and protection of personal information, cloud computing, higher education cloud computing
- Higher Education: data systems related to veterans in higher education
- Homeland Security & Public Safety + Government Transparency & Operation: data veracity of criminal records
- House Administration: Legislature’s cybersecurity policies
- Insurance: data trends in weather related claims
- Investments & Financial Services: financial institutions & data security
- Juvenile Justice & Family Issues: data security & data sharing between DFPS, TJJD & local probation departments
- Public Education: data in the classroom & digital learning opportunities
- Public Health: data use in health agencies related to chronic disease
- Urban Affairs: local government cybersecurity
- Ways & Means: Data Processing and information services sales and uses (tax the cloud?)
- Select Committee on Emerging Issues in Law Enforcement + Government Transparency & Operation: data security & privacy in emerging law enforcement technology
- Select Committee on Emerging Issues in Texas Law Enforcement: data from body cameras; use, security & retention of emerging technology data by law enforcement
YOUR INFORMED INTEL
Congress takes Up Data Security in Wifi Cars. Welcome to Texas.
Background: Modern technology in cars was once 8 tracks. Today it’s wifi because no one wants to deal with a 5 year old who has no access to the internet on the highway.
How do internet connected cars and data security intersect? Hackers have shown how they can take over the controls of vehicles. It’s a Stephen King book come to life.
What’s Congress doing? Some say nothing. Others say on November 18, 2015 the House Oversight and Government Reform is having a hearing on the internet of cars.
What potential legislation?
- A stand alone criminal sanction for hacking into a vehicle that is in Texas or being an individual in Texas hacking into a car located out of state.
- Data Security state standards for the sale of a vehicle in Texas
- Data Security requirements for cars manufactured in Texas
EPIC.org | EPIC to Testify on Car Privacy and Data Security
Hospital Association Hones in on Data Security. 5 Highlights.
- California Hospital Association warns its members that health care is behind on data security
- HIPPA compliance isn’t enough.
- Hospitals also have to protect data in electronic medical equipment
- Regulatory Fines are increasing exponentialluy every year.
- A Cybersecurity firm recommends these 3 corrective measures:
- “1) adopt two factor authentication for access to databases containing sensitive patient information;
- 2) use behavioral analytics to identify suspicious behavior and encrypt data;
- 3) realize that identity protection is no longer a good enough mea culpa.”
California Hospital Association | Healthcare Way Behind on Data Security, Cyber Firm Says
NBC News | Healthcare Way Behind on Data Security, Cyber Firm Says
Realtors Warn of Data Security Issues in Real Estate. 4 State Law Highlights.
- Hackers are looking for personally identifiable information such as:
- credit card or bank account information
- login credentials
- employment details
- physical address, e-mail address, and phone
- social security number
- Small Businesses account for the majority of the attacks according to the National Association of Realtors® technology policy expert
- Real Estate can be impacted in 4 major ways:
- financial harm from expenses resulting from the breach
- legal risks from lawsuits from clients or others impacted by the hack
- reputational risks from having to publicly disclose the hack.
- commercial properties are also vulnerable from hacks into their automated or building control systems.
- Most of the data security laws & regulations are at the state level.
PRNewswire | Cybercriminals Targeting Real Estate Transactions
Data Breach Enforcement: Cable Providers. Regulatory Enforcement. 3 Things to Know Now.
- In 2014 Cox Communications was hacked. Millions of customer personal data was exposed.
- Cox paid for notification and credit monitoring services for the millions of impacted customers.
- Cox also faces regualtory enforcement from the FCC. The FCC is requiring:
- A comprehensive compliance plan
- A written information security program
- Cox will be monitored by the FCC for 7 years
JD Supra | FCC settles data security enforcement action with Cox
Regulatory Trend: Agency Gives 3rd Party Contractor Data. Oops. 3rd Party Health Contractors Beware. 3rd parties Pay Costs of Data Exposure.
The Illinois Department of Insurance accidentally led to the posting of Social Secrity Numbers of health records online.
How did a 3rd party get caught in a date release of health records? The agency sent records, including social security numbers, to Blue Cross Blue Shield which Blue Cross Blue Shield posted online.
What happened to the 3rd party? The Department of Insurance took immediate corrective measures against Blue Cross Blue Shield
What is the 3rd party’s responsibility? Providing notice to affected persons, whose health records were identifiable by social security number. Potentially also required data protection services paid for by the 3rd party for all affected individuals.
lesson: 3rd party contracts should verify the information received from a state agency complies with all data security laws or the 3rd party maybear the cost of repairing the data breach.
Data Security Bills Expedited Due to Terrorism
A push in the UK is campaigning to move forward with expedited data security legislation to secure networks in light of the November 13, 2015 terrorism in Paris.
Why is this relevant?
- Because legislation passed under the threat of security issues can bring in corporate client data security mandates
- And, can include mandates for the world’s most valuable data security records– health care records.
Press Association | Lord Carlile wants communications data legislation ‘expedited’
Report: Health Care Woefully Unprepared for Data Breach. 3 Recommendations. 3 Conclusions.
A cybersecurity report from Forrester is not good for health care. The report concludes:
- health care is ” woefully behind” in preparedness
- HIPPA compliance is not enough. HIPPA doesn’t keep up with wearable technology like GPS astham inhalers or wearable tattoos that transmit health care data.
- HHS is imposing sanctions on unprepared health care companies that suffer data breaches.
3 Recommendations:
1) adopt two factor authentication for access to databases containing sensitive patient information;
2) use behavioral analytics to identify suspicious behavior and encrypt data;
3) realize that identity protection is no longer a good enough mea culpa.
CNBC | US health care way behind on data security, says Forrester
Jail Contractor. Data Breach. Phone Records. 3 Reform to Follow.
- Data Recording Limitations. Data breach included recorded attorney-client phone calls.
- Data Retantion Limitations. If calls are recorded, how long are they to be kept and under which security protocols.
- Data Protection. Attorney-client recorded calls were shared with prsoecutors.
Think Progress | Prison Phone Company Hit With Massive Data Breach
New Issue: Data Security. Insurance. Indemnification. 3rd Party Contractors.
Indemnification Clauses in Insurance Cybersecurity policies should do 3 things:
- Be clear which entities are covered, none of this any and all other related entities mumbo jumbo
- Explicitly state details like whether “indemnity for third parties extends beyond the policy’s expiration date”
- Be flexible to constantly evolving laws and case law
Business Insurance | Precise policy language needed to cover affiliated businesses
Campaigns. Low Data Security. Liability Risk. 3 Reasons Why.
- Campaigns have no legal obligation to protect personal information data that they gather.
- Campaigns have a trove of information from credit cards, answers to personal profile questions, and personal identification
- Its unclear which agency would regulate and enforce campaign data security
The Hill How presidential campaigns could be putting your data at risk
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