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Privacy, Data Protection and Security

White House Releases Proposed Data Notification Bill

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Privacy, Data Protection and Security
Monday, 19 January 2015 18:10

By Arthur Freyre

Data privacy and cyber security were topics that President Obama touched upon this New Year.  The President promised to propose three bills before Congress dealing with these topics this past Monday at the Federal Trade Commission. The White House released the first of its three proposed bills later that week. 

The Personal Data Notification and Protection Act addresses the issue of data notification in the event of a data breach. This post will give you a brief overview of the White House’s proposed legislation.  This overview will address the following topics: (1) Who is covered? (2) How is data defined? (3) What is the protocol? (4) Who has jurisdiction? And (5) How does this affect state notification laws?  We will also address any possible issues that Congress may address as a result of this proposal. Please keep in mind that the legislation is in its early stages and this is not the final word on data breaches from Washington.

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Privacy, Data Protection & Security

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Privacy, Data Protection and Security
Tuesday, 25 November 2014 11:17

By: Arthur M. Freyre

The breach of security and privacy systems in organizations and companies in the last several years, has created a heightened awareness of how important it is for companies and other organizations to protect client and customer data as well as personal information. 

While there is no one size-fits-all approach, a suitable approach to deal with this issue includes frequent data security audits by knowledgeable data security professionals who approach this matter in an inter-disciplinary manner. Failing to protect customer data or a data breach can result in not only damage to your business reputation, but also legal liability, regulatory sanctions, customer distrust, and reduced revenue.

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Data Privacy: How Proactive Are You?

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Privacy, Data Protection and Security
Saturday, 08 November 2014 19:51

By Arthur Freyre, Esq.

The Florida Information Protection Act (FIPA) became law this past summer. FIPA requires that all entities need to take reasonable measures to protect personal information. For more information regarding FIPA, please my prior FIPA post. It will give you general overview of the law.

When defining reasonable measure, FIPA did not give a definition. This is such a new area of the law and, as such, it is to be expected; however, there is guidance available from various sources. For example, the International Association of Privacy Professional released a study of Federal Trade Commission’s (FTC) enforcement actions regarding data privacy.

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Learning from the Target Data Breach

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Privacy, Data Protection and Security
Sunday, 30 March 2014 16:09

By Arthur Freyre

At the height of last year’s Christmas shopping season, Target reported that some 40 million credit and debit cards were exposed to a possible data breach. The resulting breach led to fraudulent transactions and unprecedented customer data exposure. The U.S. Senate Commerce Committee launched an investigation aimed at understanding the breach and they released the results of this inquiry last week.

The Senate's findings can be summarized in two points: (1) Target allowed a vendor access to its network without proper due diligence and (2) Target failed to act on their own data security systems’ alerts. Target’s systems were compromised as a result of a vendor’s access to their network. Simply put, the small business did not have the proper security program to protect itself from hacking and was ultimately exploited in efforts to breach Target.

Read more... [Learning from the Target Data Breach]
 

Federal Regulations Web Portal

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Privacy, Data Protection and Security
Wednesday, 16 June 2010 00:00

The federal government maintains a good website to start your federal regulatory research: Regulations.Gov. You can submit your comments on proposed regulations as well as other documents published by the U.S. Federal government. You can also use the site to search and review original regulatory documents and comments submitted by others.

 
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