BreachExchange mailing list archives
Re: Reporting Dataloss
From: Al Mac Wheel <macwheel99 () wowway com>
Date: Sat, 03 May 2008 19:51:52 -0500
For most of the laws, it matters not where the data was located (MD), it matters where the people located whose identities put at risk (KY), but as a practical matter, if the vendor was outside the USA, it would be more difficult to get legal action. If it is a crime in one nation, but not a crime in another nation, then extradition, enforcement, etc, can be impractical. It also matters what kind of entity was responsible for safeguarding the data. Most of the laws are directed against private corporations, not against government agencies, non-profits, private persons. According to this site http://www.pirg.org/consumer/credit/statelaws.htm in Kentucky, you have to wait until you have been victimized by ID theft, then you get some help after the fact. http://www.lrc.ky.gov/record/06RS/HB54.htm but it only applies to certain kinds of ID theft, such as credit fraud. Similarly, the people protected are customers, or credit consumers, not students. Exempting financial institutions kind of defeats the purpose of the Kentucky law. In fact, nationwiide, children in school are not considered to have the kinds of consitutional rights that adult citizens enjoy.
The state is KY. I believe the vendor (and thus the location of the breach) was in MD, which complicates things a little more.
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Current thread:
- Reporting Dataloss Aaron Allen (May 03)
- Re: Reporting Dataloss Sasha Romanosky (May 03)
- Re: Reporting Dataloss Aaron Allen (May 03)
- Re: Reporting Dataloss Sasha Romanosky (May 03)
- Message not available
- Re: Reporting Dataloss Al Mac Wheel (May 03)
- Re: Reporting Dataloss Aaron Allen (May 03)
- Re: Reporting Dataloss Sasha Romanosky (May 03)
- Re: Reporting Dataloss Chris Walsh (May 03)
- <Possible follow-ups>
- Re: Reporting Dataloss Thomas Raef (May 03)