Podcast
Questions and Answers
What does the California Consumer Privacy Act (CCPA) govern?
What does the California Consumer Privacy Act (CCPA) govern?
Which state requires data collectors to use encryption when transmitting personal information outside their business network?
Which state requires data collectors to use encryption when transmitting personal information outside their business network?
What is a requirement in New York regarding the disposal of records containing personal identifying information?
What is a requirement in New York regarding the disposal of records containing personal identifying information?
Which of the following states limits the use and disclosure of Social Security Numbers?
Which of the following states limits the use and disclosure of Social Security Numbers?
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In which scenario does Washington require the destruction of health and financial data?
In which scenario does Washington require the destruction of health and financial data?
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What event prompted the creation of data breach notification laws in many states?
What event prompted the creation of data breach notification laws in many states?
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Which of the following is NOT a key concept associated with state laws addressing breach notification?
Which of the following is NOT a key concept associated with state laws addressing breach notification?
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Which information was NOT included in the databases maintained by ChoicePoint?
Which information was NOT included in the databases maintained by ChoicePoint?
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What is one of the key concepts related to state laws about handling data breaches?
What is one of the key concepts related to state laws about handling data breaches?
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In what year was the ChoicePoint data breach disclosed to the public?
In what year was the ChoicePoint data breach disclosed to the public?
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Which of the following options reflects a purpose of state laws addressing breach notification?
Which of the following options reflects a purpose of state laws addressing breach notification?
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How many California residents were notified due to the ChoicePoint data breach?
How many California residents were notified due to the ChoicePoint data breach?
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What aspect of state laws encompasses regulations about data breach notifications?
What aspect of state laws encompasses regulations about data breach notifications?
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What is the minimum fine that an entity in Texas can incur for failing to notify affected individuals?
What is the minimum fine that an entity in Texas can incur for failing to notify affected individuals?
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What is the maximum fine that can be imposed for a single violation in Texas?
What is the maximum fine that can be imposed for a single violation in Texas?
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Which of the following states allows for a private cause of action against entities for failure to notify?
Which of the following states allows for a private cause of action against entities for failure to notify?
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What is true about breach notification laws in most states?
What is true about breach notification laws in most states?
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Which state is noted for having a more complex penalty structure for breach notification?
Which state is noted for having a more complex penalty structure for breach notification?
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What distinguishes California's breach notification law from that of Texas?
What distinguishes California's breach notification law from that of Texas?
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Which of the following states does NOT allow a private cause of action for breach notification violations?
Which of the following states does NOT allow a private cause of action for breach notification violations?
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How does the fine structure in Texas compare to that of Florida?
How does the fine structure in Texas compare to that of Florida?
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What is the maximum time frame in which Ohio law requires notification after the discovery of a data breach?
What is the maximum time frame in which Ohio law requires notification after the discovery of a data breach?
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Which state requires data breach notifications to be given in a clear and conspicuous form?
Which state requires data breach notifications to be given in a clear and conspicuous form?
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Under California law, when is an entity not required to notify individuals about a data breach?
Under California law, when is an entity not required to notify individuals about a data breach?
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Which of the following states specifies a minimum encryption standard to qualify for a safe harbor regarding data breaches?
Which of the following states specifies a minimum encryption standard to qualify for a safe harbor regarding data breaches?
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What does the growing trend in data breach notification laws involve?
What does the growing trend in data breach notification laws involve?
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Which of the following is true regarding penalties for failure to notify about data breaches?
Which of the following is true regarding penalties for failure to notify about data breaches?
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What is the notification timeline required by Florida law after a data breach is discovered?
What is the notification timeline required by Florida law after a data breach is discovered?
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Which of the following is NOT a requirement mentioned for data breach notifications?
Which of the following is NOT a requirement mentioned for data breach notifications?
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What was the primary purpose of the California Database Security Breach Notification Act?
What was the primary purpose of the California Database Security Breach Notification Act?
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Who is required to comply with the California Breach Notification Act?
Who is required to comply with the California Breach Notification Act?
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What type of personal information triggers the notification requirements under California law?
What type of personal information triggers the notification requirements under California law?
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What is NOT a provision of the California Database Security Breach Notification Act?
What is NOT a provision of the California Database Security Breach Notification Act?
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How quickly must entities notify residents of a breach under California law?
How quickly must entities notify residents of a breach under California law?
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Which of the following is a requirement for breaching notification?
Which of the following is a requirement for breaching notification?
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Under Ohio law, what condition must be met for residents to be notified of a security breach?
Under Ohio law, what condition must be met for residents to be notified of a security breach?
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What other states have followed California's lead regarding breach notification laws?
What other states have followed California's lead regarding breach notification laws?
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Study Notes
State Laws Protecting Citizen Information and Breach Notification Laws
- State laws address protecting citizen information and notifying them of breaches
- Legal compliance laws are described
- Breach notification history, regulations, and encryption are discussed
- State data breach notification laws
- State regulations on privacy and information security are included
- Requirements for encryption and data disposal are covered
ChoicePoint Data Breach
- ChoicePoint was a data broker, holding sensitive info like names, addresses, Social Security numbers, and credit histories
- A breach in 2004/2005 affected 35,000 California residents
- The data breach prompted many states to create laws for breach notification
Breach Notification Regulations
- California's Database Security Breach Notification Act was a pioneering law (2003)
- Its aim was to provide Californians timely information for self-protection
- It serves as a model for other states and other states, for breach notification laws
- Different entities (businesses, non-profits, etc) potentially subject to the law if they store California resident information are covered
Other Breach Notification Laws
- Various activities constitute breaches under different state laws
- This includes unauthorized acquisition of unencrypted personal info
- Ohio law also includes reasonable cause of identity theft risk.
- Notification timelines vary in different states, but there is a general expectation for prompt and expeditious notifications. Timeframes include, but are not limited to 30, 45-day windows
Contents of Notification
- States like Alaska may lack specific notification details.
- Growing trend is outlining the required notification specifics (e.g., types of information)
- Clarity and conspicuousness are essential, as well as clarity for easy understanding
- Contents are needed to aid individuals in protecting themselves
Encryption Requirements
- California offers an encryption safe harbor (from notification) to protected entities
- Whether this applies depends on encryption level
- Other states have safe-harbors but may not match California's standards or minimum requirements (no minimum level) - Some states have specifics, like Massachusetts (128-bit or higher)
Penalties for Failure to Notify
- Texas law enables imposing fines for failing to notify constituents
- Minimum fine is $2,000, while the maximum fine is $50,000 per violation
- Several states have varying and more complex penalty structures than Texas' approach
Private Cause of Action
- California permits individuals to sue for damages due to late/lack of notification; an issue that other states might have
- Individuals are able to sue private entities for damages if timely notification isn't given in many jurisdictions.
- A similar legal right may exist in some additional states—like Alaska, Maryland, and South Carolina.
Breach Notification Decision Tree
- Breach notification decision making process is visualized as a decision tree.
Data-Specific Security and Privacy Regulations
- Specific data regulations (such as the Payment Card Industry standards or the California Consumer Privacy Act) exist
- State-specific guidelines impact businesses collecting personal information from California residents
Encryption Regulations
- Massachusetts defines standards for protecting personal data of residents
- Nevada mandates encryption during personal info transmissions outside business networks
Data Disposal Regulations
- Washington state requires the destruction of health and financial data, applying to anyone in the state
- New York prohibits disposal of personal info without shredding, destroying, or modifying it.
Case Studies and Examples
- The U.S. Department of Veterans Affairs (VA) faced a significant breach after an employee took unencrypted devices containing extensive veteran data
Chapter 9 Summary
- A historical overview of state privacy protection laws is provided
- Breach notification, state privacy regulations, encryption regulations, and data disposal regulations are all addressed in depth.
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Description
Test your knowledge about the California Consumer Privacy Act (CCPA) and its regulations. This quiz covers key aspects of data protection and privacy measures mandated by the CCPA as well as encryption requirements for data collectors. Challenge yourself to see how well you understand these important privacy laws!