Follow-Up on CAIT Information Security Roundtable – Data Security Breach Notification Issues

As promised to the good folks at Washington University’s Center for the Application of Information Technology, I have collected and posted the various documents and state breach notification laws that we referenced in the discussion yesterday (March 24).  Here they are with a few other relevant statutes and comments thrown in:

The Connecticut Department of Insurance Regulations (5 days & Unencrypted)

Massachusetts Standards for the Protection of Personal Information

Proposed Amendment to the Hawaii Data Breach Notification Statute

A few additional notes:

1.  What Law Applies in the Event of a Breach: Massachusetts has certainly set the tone for this discussion by repeatedly making the claim that ANY business that maintains the personal information of a Massachusetts resident is subject to Massachusetts data protection laws — regardless of where the business operates or is organized.  That claim of jurisdiction extends to both the breach notification as well as the requirement for businesses to implement a comprehensive, written information security program (as noted in the link above).

2.  Other “Short” Timelines for Breach Notification: Many participants asked about other states, agencies, or regulators that have compressed time requirements for notification.  Here are a few others:

California Health and Safety Code

Puerto Rico Breach Notification Law

Florida Data Breach Notification Law

Note that the Florida law has a 45 day requirement for entities that maintain personal information on their system (Data Owners) but it has a 10 day notice requirement for those that maintain the personal information on behalf of others (Data Licensees).  Thus, the compressed time allows for the Owner to get the notice from the Licensee in enough time to comply with its 45 day requirement.

3.  Third Man In:  And by far the most requested piece of information — the clip of the Dancing Man from the Sasquatch Music Festival.  Or try it this way:

Thanks again to the facilitators and participants from the CAIT Security Roundtable.  It was my pleasure and honor to join you in the discussion. I will post a few more of the specific reports, laws, surveys, and studies shortly.

**UPDATE: I also learned that one of the participants at the Security Roundtable received a breach notification from TripAdvisor WHILE we were discussing breach notification.  Glitch in the Matrix.  Here is more on the TripAdvisor issue.

Blog | Compliance | Corporate Governance | Data Protection | Employee Privacy | Network/Security | Risk Assessment   |  posted by AM


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  1. Ellen Lutzow said

    Sorry that I missed your presentation at Wash. Univ. CAIT. Someone attended in my place and I have your materials. Interesting.

    Some time I would like to meet with you. I promise I will buy lunch. I want to know more about redpoint. Very Interesting.

    I expect to be at this month’s CAIT. Will I see you there??

    Ellen Lutzow