The Latest Developments in Global Data Privacy Law, and Data Breach Prevention and Response
We have written before about how the lack of a national clearinghouse for large data breaches is a significant shortcoming of existing federal law. We have also speculated that if…
Continue Reading Proposed California Data Breach Law Could Create a Clearinghouse
The Information Security and Privacy Advisory Board (the “Board”), known from the late 1980’s until 2002 as the Computer System Security and Privacy Advisory Board, has released its expected report…
Minnesota made waves in 2007 when it became the first state to make part the Payment Card Industry (“PCI”) Data Security Standard applicable to its Plastic Card Security Act. Although it has taken over two years, Nevada has become the second state to incorporate PCI and it has done so by making all of the PCI standard applicable.
Continue Reading Payment Card Industry Data Security Standard Comes to Nevada
Microsoft recently announced its new Trustworthy Computing: Data Governance web site at Tech•Ed.
According to Microsoft, it is promoting data governance because:
“Growing public concerns about abuses of consumers&rsquo…
Continue Reading Data Governance Resource – From the IT Perspective
On Friday, May 1, 2009, Heartland Payment Systems Inc. announced that it is again compliant with the Payment Card Industry Data Security Standard. In April 2008, a compliance audit…
UPDATE: Whether it is because of the economy, or a fear that the Red Flags Rules affects far more retailers than may be understood, the FTC has granted a further delay of enforcement of the Red Flags Rules until August 1, 2009. Additionally, the FTC will issue a template for lower risk covered entities. The most recent update can be read here.
This time, nobody can accuse the Federal Trade Commission (“FTC”) and other agencies of implementing new requirements that sneak up on us. These particular regulations (the “Red Flags Rules”), which require that financial institutions and creditors develop and implement written identity theft prevention programs, were issued by the FTC, the federal bank regulatory agencies and the National Credit Union Administration ("NCUA"), as part of the Fair and Accurate Credit Transactions (FACT) Act of 2003 go into effect on August 1, 2009. Originally, the Red Flag Rules would have taken effect on November 1, 2008, which was then extended to May 1, 2009.
The Red Flags Rules require that a program be put in place by financial institutions and creditors that provides for the identification, detection, and response to patterns, practices, or specific activities – known as “red flags.” The purpose of the Red Flags Rules is to help avoid identity theft.
Continue Reading Red Flags Rules Further Delayed, Now Go Into Effect August 1, 2009
