Continuing a trend in the last few years, in 2017, eight states amended their security breach notification laws to expand definitions of “personal information”, specify the timeframe in which notification must be provided, and require businesses to implement adequate security practices to protect personal information in their possession, among other things. New Mexico also enacted a data breach notification statute of its own, leaving only two states without specific legislation relating to data breach notification requirements. A summary of the highlights of the new law and other amendments enacted in 2017 follows:
No! It is a common misconception among the general public that someone always has to pay when there is a data breach. It is understandable that individuals affected by a data breach will be upset, distraught, and even angry. In light of recent large-scale data breaches, it is safe to say we have all been there, with our personal information that we entrusted to particular companies or employers now out there in the hands of cyber thieves.
Citing a sixty percent increase in data breach notifications from 2015 to 2016, New York Attorney General Eric Schneiderman recently introduced the Stop Hacks and Improve Data Electronic Security Act (SHIELD) bill. The legislation would require companies that handle sensitive date of New York residents to adopt “reasonable administrative, technical and physical protections for data.”
The 1995 EU Privacy Directive 95/46/EC provides that personal data of say, employees, to third countries, like the United States, may only be done with employee consent and only where the U.S. has ensured an adequate level of data protection. The EU itself can endorse a country’s compliance with data security. Some 4,410 U.S. companies doing business in the EU have long been familiar with the “safe harbor” under the Privacy Directive that permits ...