comprehensive data security plan

Primarily motivated by several recent massive data breaches, Senate Democrats recently introduced a bill geared toward protecting Americans’ personal information against cyber attacks and to ensure timely notification and protection when data is breached.

The Consumer Privacy Protection Act of 2017 provides that companies that collect and hold data on at least 10,000 Americans would

Laptop-maker Lenovo (United States), Inc. agreed to a no-fault settlement with the Federal Trade Commission and 32 states over allegations that it installed ad software that compromised customers’ web security and invaded users’ privacy.

As part of the Consent Order, Lenovo agreed that it would:

  • Not misrepresent any feature of installed software related to consumer

Human Resources (“HR”) and information technology (“IT”) departments play unique and important roles within an organization. With instances of data breaches on the rise, however, companies should be mindful of the importance of regular communication and collaboration between employees in these departments with respect to issues of data security. Addressing such issues should not be

Indiana recently enacted a new law which grants authority to the Indiana Office of the Attorney General’s Identity Theft Unit to obtain and secure abandoned records with personally identifying information, including health records, and either destroy them or return them to their owners. Additionally, the new law sets fines and other legal ramifications for violations of

As we have discussed before, data breach notification is one of the most rapidly emerging areas of law. Good security incident procedures as well as effective training can help avoid the risk of data breach. (Sample data breach training). 

A case in point: Connecticut’s Attorney General has filed a civil action against Health Net

Less than one month into 2010 the trend to address data security, destruction, and encryption has continued among state lawmakers. Specifically, Florida, Michigan, Kentucky, Kansas, Pennsylvania, and New York all have introduced, reintroduced, or amended legislation of this kind. 

  • The Florida and Michigan laws would amend personal data destruction rules for companies.
  • The New York law would mandate data security and encryption measures.
  • The Kentucky bill would require government agencies to protect all personal data under the Gramm-Leach-Bliley Act.
  • The Michigan bill includes a state version of the Federal Trade Commission’s Red Flags Rule and would require creditors in the state to implement programs aimed at spotting “red flags” of possible identity theft and put in place mitigation measures. Michigan is also considering a number of other measures. 
  • The Kansas law would require state agencies to engage in periodic network security reviews.
  • The Pennsylvania bill would require public agencies to notify state residents of a breach of their personal information within seven days of the discovery of the breach.

While 5 states remain without data breach notice bills (Alabama, Kentucky, Mississippi, New Mexico, and South Dakota), Congress is considering legislation, the Data Accountability and Trust Act (DATA) (H.R. 2221), that would preempt all state notification laws and instead establish a national breach notice standard.

As we have previously mentioned, we anticipate data privacy and security legislation and case law to be at the forefront of legal issues in 2010. Employers should begin by reading the Data Security Primer and consider implementing comprehensive data security policies and procedures that would allow them to comply with the various state laws that may impact their business. 


Continue Reading Data Security, Destruction and Encryption Leads the Way for States in 2010

Health Net Inc., one of the nation’s largest publicly traded managed health care companies, recently notified authorities and informed affected persons, with a statement on its website, that the unencrypted personal information of 1.5 million current and former members, stored on a portable disk drive, is missing from the company’s Connecticut office. The company