Consumer Attitudes Toward Data Breach Notifications and Loss of Personal Information

Consumer Attitudes Toward Data Breach Notifications and Loss of Personal Information PDF

Author: Lillian Ablon

Publisher: Rand Corporation

Published: 2016-04-14

Total Pages: 79

ISBN-13: 0833094920

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Although spending on cybersecurity continues to grow, companies, government agencies, and nonprofit organizations are still being breached, and sensitive personal, financial, and health information is still being compromised. This report sets out the results of a study of consumer attitudes toward data breaches, notifications that a breach has occurred, and company responses to such events.

Federal Information Security and Data Breach Notification Laws

Federal Information Security and Data Breach Notification Laws PDF

Author: Gina Stevens

Publisher: DIANE Publishing

Published: 2010-11

Total Pages: 26

ISBN-13: 1437930018

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Describes info. security and data breach notification requirements included in the Privacy Act, the Fed. Info. Security Mgmt. Act, Office of Mgmt. and Budget Guidance, the Veterans Affairs Info. Security Act, the Health Insur. Portability and Accountability Act, the Health Info. Technology for Econ. and Clinical Health Act, the Gramm-Leach-Bliley Act, the FTC Act, and the Fair Credit Reporting Act. Also includes a summary of the Payment Card Industry Data Security Standard, an industry regulation developed by bank card distributors. Info. security laws are designed to protect personally identifiable info. from compromise, unauthorized access, or other situations where unauthorized persons have access to such info. for unauthorized purposes.

Data Theft!

Data Theft! PDF

Author: Lillian Ablon

Publisher:

Published: 2016

Total Pages: 1

ISBN-13:

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This infographic highlights the results of a study of consumer attitudes toward data breaches, notifications of those breaches, and company responses to such events.

Breached!

Breached! PDF

Author: Daniel J. Solove

Publisher: Oxford University Press

Published: 2022-02-28

Total Pages: 257

ISBN-13: 0190940573

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A novel account of how the law contributes to the insecurity of our data and a bold way to rethink it. Digital connections permeate our lives-and so do data breaches. Given that we must be online for basic communication, finance, healthcare, and more, it is alarming how difficult it is to create rules for securing our personal information. Despite the passage of many data security laws, data breaches are increasing at a record pace. In Breached!, Daniel Solove and Woodrow Hartzog, two of the world's leading experts on privacy and data security, argue that the law fails because, ironically, it focuses too much on the breach itself. Drawing insights from many fascinating stories about data breaches, Solove and Hartzog show how major breaches could have been prevented or mitigated through a different approach to data security rules. Current law is counterproductive. It pummels organizations that have suffered a breach but doesn't address the many other actors that contribute to the problem: software companies that create vulnerable software, device companies that make insecure devices, government policymakers who write regulations that increase security risks, organizations that train people to engage in risky behaviors, and more. Although humans are the weakest link for data security, policies and technologies are often designed with a poor understanding of human behavior. Breached! corrects this course by focusing on the human side of security. Drawing from public health theory and a nuanced understanding of risk, Solove and Hartzog set out a holistic vision for data security law-one that holds all actors accountable, understands security broadly and in relationship to privacy, looks to prevention and mitigation rather than reaction, and works by accepting human limitations rather than being in denial of them. The book closes with a roadmap for how we can reboot law and policy surrounding data security.

U.S. Data Breach Notification Law

U.S. Data Breach Notification Law PDF

Author: John P. Hutchins

Publisher: American Bar Association

Published: 2007

Total Pages: 158

ISBN-13: 9781590317471

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In 2005, 20 different states and the City of New York followed California's lead and passed laws seeking to require entities collecting or storing personally identifiable information to notify the subjects of the information if that information allows unauthorized third parties access to that information. There are now 21 different state laws on the subject, many with very different requirements. Federal legislation is hoped for, but passage of broadly preemptive federal legislation is far from certain. This book provides comprehensive guidance to all 21 state (and one local) legislative efforts at breach notification statutes, categorizes the various aspects of such statutes and specifically describes how each different state deals with each aspect. It points out the similarities and differences of each state law. The approach is simply a detailed summary of each different legislative scheme.

Data Breach Notification Laws: High-impact Strategies - What You Need to Know

Data Breach Notification Laws: High-impact Strategies - What You Need to Know PDF

Author: Kevin Roebuck

Publisher: Tebbo

Published: 2011

Total Pages: 446

ISBN-13: 9781743048207

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Security breach notification laws have been enacted in most U.S. states since 2002. These laws were enacted in response to an escalating number of breaches of consumer databases containing personally identifiable information. The first such law, the California data security breach notification law, Cal. Civ. Code 1798.82 and 1798.29, was enacted in 2002 and became effective on July 1, 2003. As related in the bill statement, law requires ""a state agency, or a person or business that conducts business in California, that owns or licenses computerized data that includes personal information, as defined, to disclose in specified ways, any breach of the security of the data, as defined, to any resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person."" In addition the law permits delayed notification ""if a law enforcement agency determines that it would impede a criminal investigation."" The law also requires any entity that licenses such information to notify the owner or licensee of the information of any breach in the security of the data. In general, most state laws follow the basic tenets of California's original law: Companies must immediately disclose a data breach to customers, usually in writing. The European Union implemented a breach notification law in the Directive on Privacy and Electronic Communications (E-Privacy Directive) in 2009. This directive has to implemented by national law until 25 May 2011. This book is your ultimate resource for Data Breach Notification Laws. Here you will find the most up-to-date information, analysis, background and everything you need to know. In easy to read chapters, with extensive references and links to get you to know all there is to know about Data Breach Notification Laws right away, covering: Security breach notification laws, Directive on Privacy and Electronic Communications, Personally identifiable information, Computer security, Portal: Computer security, 2009 Sidekick data loss, AAFID, Absolute Manage, Accelops, Acceptable use policy, Access token, Advanced Persistent Threat, Air gap (networking), Ambient authority, Anomaly-based intrusion detection system, Application firewall, Application security, Asset (computer security), Attack (computer), AutoRun, Blacklist (computing), Blue Cube Security, BlueHat, Centurion guard, Client honeypot, Cloud computing security, Collaboration-oriented architecture, Committee on National Security Systems, Computer Law and Security Report, Computer security compromised by hardware failure, Computer security incident management, Computer security model, Computer surveillance, Confused deputy problem, Consensus audit guidelines, Countermeasure (computer), CPU modes, Cracking of wireless networks, Crackme, Cross-site printing, CryptoRights Foundation, CVSS, Control system security, Cyber security standards, Cyber spying, Cyber Storm Exercise, Cyber Storm II, Cyberconfidence, Cyberheist, Dancing pigs, Data breach, Data loss prevention software, Data validation, Digital self-defense, Dolev-Yao model, DREAD: Risk assessment model, Dynamic SSL, Economics of security, Enterprise information security architecture, Entrust, Evasion (network security), Event data, Event Management Processes, as defined by IT IL, Federal Desktop Core Configuration, Federal Information Security Management Act of 2002, Flaw hypothesis methodology, Footprinting, Forward anonymity, Four Horsemen of the Infocalypse, Fragmented distribution attack, Higgins project, High Assurance Guard, Host Based Security System, Host Proof Storage...and much more This book explains in-depth the real drivers and workings of Data Breach Notification Laws. It reduces the risk of your technology, time and resources investment decisions by enabling you to compare your understanding of Data Breach Notification Laws with the objectivity of experienced professionals.

Once More Unto the Breach

Once More Unto the Breach PDF

Author: Dana Lesemann

Publisher:

Published: 2014

Total Pages: 0

ISBN-13:

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Companies facing the loss of a laptop or a compromised server have long waged battles on several fronts: investigating the source of the breach, identifying potentially criminal behavior, retrieving or replicating lost or manipulated data, and putting better security in place. As recently as seven years ago, the broader consequences of a data breach were largely deflected from the party on whose resource the data resided and instead rested essentially on those whose data was compromised. Today, however, with the patchwork quilt of domestic data breach statutes and penalties, most companies forging “unto the breach” would consider paying a ransom worthy of King Henry to avoid the loss of its consumers' identities through theft or manipulation. The cost to businesses of responding to data breaches continues to rise. According to the Ponemon Institute, the average cost of data breaches to the businesses it surveyed increased from $6.65 million in 2008 to $6.75 million in 2009. The per-record cost of the data breaches experienced by the companies it surveyed was $202 in 2009, only $2 per record more than the average in 2008 but a $66, or 38% overall increase since 2005. The most expensive data breach in the 2009 Ponemon survey was nearly $31 million; the last expensive was $750,000. In confronting a data breach, a company has to contend with a multitude of issues: the costs of replacing lost equipment, repairing the breach, and thwarting a potentially criminal act. Some specific industries have their own privacy laws. For example, financial firms must contend with the reporting requirements associated with the federal Gramm-Leach-Bliley Act, and health care companies face broad reporting requirements under the new HITECH Act. Across the broader economy, however, attorneys and companies worry most about a thicket of data breach notification statutes enacted by 45 states and the District of Columbia. These statutes expose law firms and their clients to conflicting time limits, reporting requirements, fines, and potentially millions of dollars in penalties and civil liability - not to mention reputational risk. The 46 data breach notification statutes vary widely from state to state and, most critically, focus not on the location of the breach or where the company is incorporated, but on the residence of the victim. Therefore, a company facing a data breach must comply with the state laws of each of its affected consumers. A company's multi-state or Internet presence only extends the potential web of specific time limits and other often conflicting requirements for notifying consumers. This Article addresses the legal, technological, and policy issues surrounding U.S. data breach notification statutes and recommends steps that state and federal regulatory agencies should take to improve and harmonize those statutes. Part I of this Article provides background on the data breaches that gave rise to the enactment of notification statutes. Part II addresses the varying definitions of “personal information” in the state statutes - the data that is protected by the statute and whose breach must be revealed to consumers. Part III analyzes how states define the data breach itself, particularly whether states rely on a strict liability standard, on a risk assessment approach, or on a model that blends elements of both in determining how and when companies have to notify consumers of a breach. Part IV discusses the time limits companies face, penalties for non-compliance, litigation under the statutes, and state enforcement of the statutes. Finally, Part V presents specific recommendations for the state legislatures and enforcement agencies and for Congress, as well as for companies facing data breaches.

Expanding Access to Research Data

Expanding Access to Research Data PDF

Author: Panel on Data Access for Research Purposes

Publisher: National Academies Press

Published: 2005-11-11

Total Pages: 142

ISBN-13: 9780309100120

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Policy makers need information about the nation—ranging from trends in the overall economy down to the use by individuals of Medicare—in order to evaluate existing programs and to develop new ones. This information often comes from research based on data about individual people, households, and businesses and other organizations, collected by statistical agencies. The benefit of increasing data accessibility to researchers and analysts is better informed public policy. To realize this benefit, a variety of modes for data access— including restricted access to confidential data and unrestricted access to appropriately altered public-use data—must be used. The risk of expanded access to potentially sensitive data is the increased probability of breaching the confidentiality of the data and, in turn, eroding public confidence in the data collection enterprise. Indeed, the statistical system of the United States ultimately depends on the willingness of the public to provide the information on which research data are based. Expanding Access to Research Data issues guidance on how to more fully exploit these tradeoffs. The panel’s recommendations focus on needs highlighted by legal, social, and technological changes that have occurred during the last decade.

The Cambridge Handbook of Marketing and the Law

The Cambridge Handbook of Marketing and the Law PDF

Author: Jacob E. Gersen

Publisher: Cambridge University Press

Published: 2023-07-13

Total Pages: 855

ISBN-13: 1108603513

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This handbook examines a wide range of current legal and policy issues at the intersection of marketing and the law. Focusing on legal outcomes that depend on measurements and interpretations of consumer and firm behavior, the chapters explore how consumers form preferences, perceptions, and beliefs, and how marketers influence them. Specific questions include the following: How should trademark litigation be valued and patent damages assessed? What are the challenges in doing so? What divides certain marketing claims between fact and fiction? Can a litigant establish secondary meaning without a survey? How can one extract evidence on consumer behavior with the explosion of social media? This unique volume at the intersection of marketing and the law brings together an international roster of scholars to answer these questions and more.