Re: A data security breach legislation question

["Rob Shavell" <slvrspoon () gmail com>]

hi all,
the question i have around US data breach notification legislation is this:

"why are we counting states?"

if most legislation applies to affected record-holders if they are
residents and 95% of breaches already either happen in a state with a
law or include records of persons residing in such states, then...
hasn't this basically become a necessity?

in other words, organizations had better just notify to be in compliance.

following from this: what is the importance to an organization of
reading through particulars of state by state legislation when they
can just follow California, notify everyone, and be in compliance?

bonus question: in your opinion, why are so many companies choosing to
include credit monitoring services for those affected?  a) altruism b)
just not that costly c) concern about downstream law-suits d) ?

rgds,
rob




On 10/03/2008, Susan Orr <susan () susanorrconsulting com> wrote:
> I was just looking at the various states the other day, and there are
>  some differences - some exempt encrypted information, some exclude
>  financial institutions and others that are covered under other existing
>  federal and state laws like GLBA.  One state I believe exempts "state
>  agencies" Oklahoma I think.
>
>  Didn't know it was up to 40, last I saw was 38.  I'll have to check it
>  out, thanks.
>
>
>  Rebecca Herold wrote:
>  > Counting the District of Columbia, as of the end of October it was 40; see
>  > http://www.privacyguidance.com/files/statebreachnotificationlaws10.19.07.pdf
>  >
>  > Best regards,
>  >
>  > Rebecca Herold
>  > ----- Original Message -----
>  > From: "Kalter, Sarah " <skalter () affiniongroup com>
>  > To: "lyger" <lyger () attrition org>; <dataloss () attrition org>
>  > Sent: Monday, March 10, 2008 10:07 AM
>  > Subject: [Dataloss] A data security breach legislation question
>  >
>  >
>  >
>  >> Hi All,
>  >>
>  >> Does anyone happen to know how many states have enacted data security
>  >> breach laws/legislation? And if so, which states?
>  >>
>  >> Thank you so much!
>  >>
>  >> Best,
>  >> Sarah
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>  >>
>  >
>  > _______________________________________________
>  > Dataloss Mailing List (dataloss () attrition org)
>  > http://attrition.org/dataloss
>  >
>  > Tenable Network Security offers data leakage and compliance monitoring
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>  > traffic to find the data needing protection before it leaks out!
>  > http://www.tenablesecurity.com/products/compliance.shtml
>  >
>
> _______________________________________________
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>
>  Tenable Network Security offers data leakage and compliance monitoring
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Tenable Network Security offers data leakage and compliance monitoring
solutions for large and small networks. Scan your network and monitor your
traffic to find the data needing protection before it leaks out!
http://www.tenablesecurity.com/products/compliance.shtml