Re: A data security breach legislation question

["Miller, Terry" <Terry.Miller () finra org>]

Note that on March 4 the SEC proposed expanding privacy Regulation S-P
which is based on GLBA.  The proposed expansion, which is based in large
part on existing banking and FTC regulations, would include a national
notification requirement.  The requirement may preempt certain state
laws which allow for such preemption.    

Here is the proposal, which is now out for comment.

http://www.sec.gov/rules/proposed/2008/34-57427.pdf

Terry

-----Original Message-----
From: dataloss-bounces () attrition org
[mailto:dataloss-bounces () attrition org] On Behalf Of Rob Shavell
Sent: Wednesday, March 12, 2008 8:30 AM
To: dataloss () attrition org
Subject: Re: [Dataloss] A data security breach legislation question

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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