Live from the IAPP Global Privacy Summit in Washington, DC, It's Monday Afternoon
This week, I will be providing short updates from the IAPP Global Privacy Summit in Washington, DC. The conference will be in full swing tomorrow, and I will report on various panels and topics of interest. In the meantime, as I prepare to see old and new friends at the Welcome Reception this evening, a few thoughts on what I expect to see and hear a lot over the next few days:
- How can we harmonize the EU Data Protection Directive and EU member country privacy laws with the flow of data in today's global economy? It is unfortunate that a number of IAPP participants from the EU will not make it to DC for the Summit this year due to the Icelandic volcano. Nonetheless, I expect active dialogue regarding cross-border data transfers, safe harbor v. standard contractual clauses v. binding corporate rules, and, in particular, the impact of the growth of cloud computing and other outsourcing arrangements (or, at least, the growth of the hype around cloud computing). It would also be nice to hear more about the EU Cookie Consent law - there is a panel scheduled to take place, but unknown if that will happen in light of the volcano debacle.
- HIPAA/HITECH and Medical Identity Theft: Health care privacy topics are hotter than ever, especially with the growing number of reported security breaches affecting more than 500 individuals under the new HHS breach notification rules promulgated pursuant to the HITECH Act.
- "Reasonable Security": What does Massachusetts think? What does the FTC think? What in the world is it and how in the world can organizations comply?
- On a related note, FTC Enforcement, with a focus on behavioral marketing issues and evolving notions of notice and consent. What trends will we see over the next several years, particularly with the growth of social media and online behavioral advertising?
- Social media: how it affects the workplace, corporate policies and procedures, and "reasonable expectations" of privacy.
- The forecast for federal legislation - not just on breach notification, but security requirements, online behavioral marketing and, getting lots of media attention these days, potential revisions to ECPA (being driven, once again, by the cloud computing explosion).
- Breaches, breaches, and more breaches. Of course.
A few things that appear to be missing from this year's agenda - the FTC's current review of the rules under the Children's Online Privacy Protection Act (COPPA), enforcement of the Red Flags Rule (the FTC will start enforcing the Rule June 1), and the growing number of state laws (Washington, Nevada, Minnesota) requiring compliance with the PCI Standard.
Stay tuned, I will endeavor to post developments on a daily basis.
Privacy's Trajectory
As many of our readers know, the International Association of Privacy Professionals (IAPP) will celebrate 10 years this Tuesday, March 16. In connection with that anniversary, the IAPP is releasing a whitepaper, "A Call For Agility: The Next-Generation Privacy Professional," tomorrow, March 15. Monday morning you can find the whitepaper here. I am honored that the IAPP has given me the opportunity to read and blog about the whitepaper in advance of its official release. Where exactly is privacy going in today's environment? What is the role of the privacy professional over the next 10 years? And, a lot of people I know and love (you know who you are) would ask, what in the world is a privacy professional anyway?
Of late, I have found myself reiterating, and getting a lot of positive feedback for, the following proposition: with data (massive amounts of it) as the new currency, the explosion in outsourcing to "trusted partners," and the growth of legal risks associated with an ever-expanding body of privacy and data security regulation, the role for professionals who understand privacy is becoming increasingly important. Further, such professionals are uniquely positioned to bring together various key stakeholders in an organization, including Information Security, Legal, IT, and various business units. Why? Because privacy professionals are, by virtue of what they do, multidisciplinary. And the growing opportunities for such professionals are inextricably intertwined with that quality. The IAPP has summed this up succinctly, and eloquently in its whitepaper, as follows:
Continue Reading...A Closer Look at the PCI Compliance and Encryption Requirements of Nevada's Security of Personal Information Law
Since approximately 2005, the state of Nevada has had a fairly comprehensive data privacy law on its books: the Nevada Security of Personal Information Law (the “Law”). Prior to 2009, the Law imposed various requirements concerning the protection of personal information of Nevada residents, including requirements concerning security breach notice, the implementation of reasonable security measures and the destruction of records containing personal information. In 2009, the Nevada legislature materially amended the law by passing Nevada Senate Bill 227 (“SB 227” or “SB 227 Amendment”). The SB 227 Amendment added two significant (but mutually exclusive) data security obligations: (1) a requirement to comply with the Payment Card Industry Data Security Standard (“PCI”); and (2) requirements to encrypt personal information in certain contexts. The SB 227 Amendment became effective on January 1, 2010. This article summarizes the requirements of the SB 227 Amendment, addresses various compliance issues posed by it, and discusses its “safe harbor.”
Continue Reading...Nevada's Security of Personal Information Law Post Five: Remedies, Penalties and Enforcement
The following FAQs address the remedies, penalties and enforcement of Nevada's Security of Personal Information Law. The rest of the FAQ is linked to here.
Continue Reading...Nevada's Security of Personal Information Law Post Four: Encryption and PCI Compliance Requirements
The following FAQs address the encryption and PCI compliance requirements of Nevada's Security of Personal Information Law, which were added pursuant to a recent amendment to the law. The rest of the FAQ is linked to here.
Continue Reading...Nevada's Security of Personal Information Law Post Three: Reasonable Security Measures Requirements
The following FAQs address the "reasonable security measures" requirement of Nevada's Security of Personal Information Law. The rest of the FAQ is linked to here.
Continue Reading...Nevada's Security of Personal Information Law Post Two: The Breach Notice Requirements
The following FAQs address the breach notice requirements of Nevada's Security of Personal Information Law. The rest of the FAQ is linked to here.
Continue Reading...FAQ on Nevada's Security of Personal Information Law (NRS 603A)
InfoSecCompliance ("ISC") was recently asked by a prospective client to provide a summary of Nevada's Security of Personal Information law (NRS 603A) and a recent amendment to the Security Law that incorporated the Payment Card Industry Data Security Standard ("PCI"). ISC decided to try something new and create a Frequently Asked Questions document around the PCI requirements contained in the Security Law. For better or worse (after sinking in 15 - 20 hours) ISC ended up doing FAQs for the entireNevada Security Law. This turned out to be a much bigger work than originally anticipated, so ISC is going to do a five-part blog post series breaking down the Nevada Security Law into (hopefully) digestible parts.
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