On June 10, Connecticut Governor M. Jodi Rell signed into law a bill to safeguard Social Security numbers and other personal information. The law imposes a civil penalty of up to $500,000 on violators. The new law takes effect October 1, 2008.
data security
Federal Trade Commission Announces Settlement with TJX Over Inadequate Security Practices
According to a proposed settlement announced by the Federal Trade Commission (“FTC”) on March 27, 2008, discount retailer TJX will be required to implement a comprehensive information security program to remedy deficiencies in protecting sensitive consumer information. If approved, the settlement will resolve allegations that the company engaged in practices that failed to provide reasonable and appropriate security for consumer information. In addition to implementing a comprehensive security program, TJX will be required to obtain periodic security audits to provide reasonable assurances that personal information is being adequately protected.
Governor Schwarzenegger Says No to California A.B. 779
On Saturday, California Governor Arnold Schwarzenegger vetoed AB 779, legislation that would have amended California’s landmark data security breach legislation. The bill would have been the first to follow law enacted by Minnesota earlier this year and effective August 1, 2007, that amended Minnesota’s security breach notification law by, among other things, prohibiting businesses from retaining certain payment card data after authorization of a transaction.
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Massachusetts Is 39th State to Mandate Breach Notification
Massachusetts is now the 39th state to enact a personal data breach notification law. On August 2, Governor Deval Patrick signed the law, requiring that businesses and government agencies notify residents of data breaches in certain situations.
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Breach Law Data
We thought it might be helpful to provide citations to the 37 state (plus D.C. and Puerto Rico) breach notification laws that cover private entities (Oklahoma’s law, that only addresses state agencies, is not included). We also provide links, or uploaded copies, where available.
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Oregon Becomes 38th State to Adopt Breach Notification Law
On July 12th, Oregon Governor Theodore R. Kulongoski signed into law S.B. 583, an omnibus data security bill scheduled to take effect on October 1. Oregon is the 38th state to enact a breach notification law.
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In Response To TJX Data Breach, One State Enacts Legislation Imposing New Security and Liability Obligations; Similar Bills Pending in Five Other States
Lawmakers in six states have responded quickly to the massive data breach at TJX Companies, Inc. with various bills designed to strengthen merchant security and/or render companies liable for third party companies’ costs arising from data breaches. These latest bills – introduced in California, Connecticut, Illinois, Massachusetts, Minnesota and Texas – represent a new front of state legislative activity to regulate privacy and data security and expand requirements beyond the current data breach notification and data security laws that many states have enacted in recent years. To date, Minnesota is the only state to enact such legislation, which was signed into law by its Governor on May 21, 2007.