Educause Security Discussion mailing list archives
Re: Pre-Breach Requirements - 18 States
From: Jack Suess <jack () UMBC EDU>
Date: Sat, 9 Jul 2011 14:52:50 -0400
My understanding is that If you are a public institution it really doesn't matter what another state does, you should be covered by your local states laws. States generally don't have the power to enforce local laws in another state. In a situation where Mass. Is trying to enforce it's laws on a Maryland agency, this becomes a federal case and I just don't see that happening where a judge would rule that Maryland government agencies must observe Mass laws. That is the whole point of sovereign rights bestowed to states. A private institution may be in a different situation as would a public that sets up remote facilities in another state. I do agree we have a mess with the hodgepodge of state laws. Jack Suess UMBC Division of Information Technology (DoIT) On Jul 9, 2011, at 7:29 AM, Allison F Dolan <adolan () MIT EDU> wrote:
My understanding is that compliance with the individual state notification rules is generally expected - e.g. if you have a breach involving residents of all states, you need to follow the different state notification rules. Compliance with data protection rules (a la the MA requirement to have a written info security program) is much less clear, and seems unworkable, which is one of the drivers behind having a Federal law. Allison Dolan From: The EDUCAUSE Security Constituent Group Listserv [SECURITY () listserv educause edu] On Behalf Of Rosenthal, Jane E. [jer () KU EDU] Sent: Friday, July 08, 2011 12:11 PM To: SECURITY () listserv educause edu Subject: Re: [SECURITY] Pre-Breach Requirements - 18 States Hi Cliff, Can you tell me if your attorneys have determined that you have to comply with all 50 (or 46) state requirements rather than merely your own state? This has been a discussion here and I’m interested in what EDUs are thinking on this. Jane _____________________ Jane E. Rosenthal Director | Privacy Office The University of Kansas Voice +1.785.864.9528 | Fax +1.785.864.4463 Email jer () ku edu | Web http://www.privacy.ku.edu The information transmitted by this email communication, including any additional pages or attachments, is only for the intended recipient and may contain confidential and/or privileged material. Any interception, review, retransmission, disclosure, dissemination, or other use and/or taking of any action upon this information by persons or entities other than the intended recipient is prohibited by law and may subject them to criminal or civil liability. If you received this communication in error, please contact us immediately at (785) 864-4904, and delete the communication from any computer or network system or dispose of the documents as directed. Thank you. From: Clifford Collins [mailto:collinsc () FRANKLIN EDU] Sent: Wednesday, July 06, 2011 10:39 AM Subject: Pre-Breach Requirements - 18 States Hello Security Compatriots, I was searching the web for info on which states have laws require some kind of breach notification and encountered this document from the law firm Crowell & Moring LLP: http://www.crowell.com/pdf/securitybreachtable.pdf In the right-hand column is a yes/no section on required "pre-breach measures." There are 18 states listed as having them. Anybody aware of these requirements? Have you done something about it? If so, what have you done? It would be great to have a "template" to work from! Clifford A. Collins Information Security Officer Franklin University 201 South Grant Avenue Columbus, Ohio 43215 "Security is a process, not a product"
Current thread:
- Pre-Breach Requirements - 18 States Clifford Collins (Jul 06)
- Re: Pre-Breach Requirements - 18 States Solem, Vik P. (Jul 06)
- Re: Pre-Breach Requirements - 18 States SCHALIP, MICHAEL (Jul 06)
- Re: Pre-Breach Requirements - 18 States Doug Markiewicz (Jul 08)
- <Possible follow-ups>
- Re: Pre-Breach Requirements - 18 States Dexter Caldwell (Jul 06)
- Re: Pre-Breach Requirements - 18 States Rosenthal, Jane E. (Jul 08)
- Re: Pre-Breach Requirements - 18 States Clifford Collins (Jul 08)
- Re: Pre-Breach Requirements - 18 States Steve Bohrer (Jul 09)
- Re: Pre-Breach Requirements - 18 States Dan Han/HSC/VCU (Jul 12)
- Re: Pre-Breach Requirements - 18 States Allison F Dolan (Jul 09)
- Re: Pre-Breach Requirements - 18 States Jack Suess (Jul 09)
- Re: Pre-Breach Requirements - 18 States j.price (Aug 09)
- Re: Pre-Breach Requirements - 18 States j.price (Aug 02)
- Re: Pre-Breach Requirements - 18 States Irish, Adrian L (Aug 02)
- Re: Pre-Breach Requirements - 18 States David C Kovarik (Aug 03)
- Re: Pre-Breach Requirements - 18 States Solem, Vik P. (Jul 06)