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