The Health Information Portability and Accountability Act (HIPAA), as amended from time to time (HIPAA) (29 U.S. Code § 1181 et seq.), protects information of a registered entity that relates to health, health care, or payment for health services that may be associated with an individual. Its privacy policy governs the collection and disclosure of this information. Its security rule imposes requirements on the backup of this data. It should be noted that the FTC, which regulates deceptive practices, has taken enforcement action related to the transmission of marketing emails or telemarketing calls by companies that have promised in their publicly published privacy policies that personal information will not be used for marketing purposes. In addition, many states use fraudulent practices laws to impose penalties or injunctive relief in similar circumstances, or when violation of a federal law is considered a deceptive practice under state law. Finally, the comprehensive privacy laws of the states of California and Virginia provide consumers with the ability to opt out of the sale, disclosure, or processing of personal information related to targeted advertising or profiling. While we haven`t yet seen the impact of these regulations on the advertising ecosystem, this should prove to be an area to watch in the coming years. The Fair Credit Reporting Act (FCRA) as amended by the Fair and Accurate Credit Transactions Act (FACTA) (15 U.S. Code § 1681) restricts the use of information affecting a person`s creditworthiness, creditworthiness, creditworthiness, morality, general reputation, personal characteristics, or lifestyle to determine eligibility for credit, employment, or insurance. It also requires the truncation of credit card numbers on printed receipts, requires the secure destruction of certain types of personal information, and regulates the use of certain types of information obtained from affiliates for marketing purposes. Some states are more active than others in data protection.
Massachusetts, for example, has strict privacy policies (201 CMR 17.00) that require any company that receives, stores, maintains, processes, or otherwise has access to „personal information” of a Massachusetts resident company in connection with the provision of goods or services or in connection with employment, (a) implement and maintain a comprehensive written information security plan (WISP); covering 10 core standards, and (b) establish and maintain a formal information security program that meets eight basic requirements ranging from encryption to information security training. Each state has passed data breach notification laws that apply to certain types of personal information about its residents. Even if a company does not have a physical presence in a particular state, it must generally comply with the laws of the state when faced with unauthorized access to or acquisition of personal information that it collects, holds, transmits or processes about residents of that state. The types of information subject to these laws vary, with most states defining personal information to include a person`s first or last name, as well as a data point including the person`s Social Security number, driver`s license or state identification number, financial account number, or payment card information. However, the exchange of information between government agencies, if not well regulated, can become a „back door” that bypasses individual data protection regulations. Comprehensive demographic databases, such as those set up as part of identification systems, are a tempting resource for law enforcement, especially if they contain biometric data. The collection of DNA data which, like other biometric data, can be used not only to identify an individual, but also as evidence in an investigation to determine whether they have committed a crime. Third party service providers (company engaged to manage, store or process personal data on behalf of a relevant legal or governmental entity). Effective data security starts with assessing the information you have and identifying who has access to it. Understanding how personal data enters, moves through and leaves your organization, and who has or could access it is critical to assessing security vulnerabilities. You won`t be able to determine the best ways to back up information until you understand how it flows.
While not specifically a requirement to report data breaches, the Securities and Exchange Act and related regulations, including Regulation S-K, require publicly traded companies to disclose in filings with the Securities and Exchange Commission when significant events, including cyber incidents, occur. To the extent that cyber incidents pose a risk to a registrant`s ability to record, process, summarize and report information that must be disclosed in filings with the SEC Commission, management should also determine whether there are deficiencies in its disclosure controls and procedures that would render them ineffective. If you need to retain information for business or regulatory compliance, develop a written record retention policy to determine what information should be retained, how to secure it, how long to keep it, and how to securely dispose of it when you no longer need it. Your information security plan should cover the digital copiers used by your business. The hard drive of a digital copier stores data about documents copied, printed, scanned, faxed, or emailed. If you do not take steps to protect this data, it can be stolen from the hard drive, either remotely or by extracting it after removing the drive. In Australia, the Federal Privacy Act 1988 (as amended) includes among its „privacy principles” the rule that personal information about an individual collected for a particular purpose may not be used or disclosed for any other purpose without the individual`s consent. However, there is an exception for situations where the use or disclosure is „reasonably necessary” for law enforcement activities conducted by or on behalf of a law enforcement authority – including use or disclosure by police to prevent, detect, investigate, prosecute or punish criminal offences – as well as an exception for uses and disclosures permitted by law or court order.
The use for law enforcement activities must be identified in writing as a mechanism to promote accountability. (See also Data Protection Act Reforms – Impact on Enforcement Functions) Ongoing testing, evaluation, and evaluation of the security of systems that use or generate personal data PLEASE NOTE: NCSL serves state legislators and their employees. This website provides general comparative information only and should not be construed or construed as legal advice. Take reasonable steps to ensure the security and confidentiality of a consumer`s personal information. Q: We want to have accurate information about our customers, which is why we usually create a permanent file on all aspects of their transactions, including the information we collect from the magnetic stripe of their credit cards. Could this put their information at risk? These rights are specific to the law. Examples of consumer rights to data portability exist under HIPAA, where individuals have the right to request that medical information held by one healthcare provider be transferred to another healthcare provider. In addition, the CCPA provides a right to data portability for California residents. The form of the contract is generally not fixed. However, HIPAA is an example of a law with minimum requirements for provisions that must be included in business partner agreements.
These agreements must include restrictions on use and disclosure, and require vendors to comply with HIPAA security rules, report violations and report unauthorized use and disclosure, return or destroy protected data, and make their books, records, and practices available to the federal agency. According to the CCPA, the contract must prevent the service provider from storing, using, or disclosing personal information for purposes other than the provision of the services specified in the contract. Article 4(2) of the 2016 EU Data Protection Directive 2016 on police and criminal justice requires that personal data collected for other purposes – for example: for an identification system or for civil registration – may only be processed by the same controller or another controller for criminal purposes to the extent that (a) there is a legal permission to do so and (b) such processing is necessary and proportionate to the purpose for which the personal data is used. was collected. (See, for example, The Council of the EU, Data protection in the context of law enforcement) When a covered entity decides which security measures to use, the rule does not require those measures, but requires the covered entity to consider: Risk analysis should be an ongoing process by which a covered entity regularly reviews its records to track access to electronic PHI and detect incidents; 12 regularly evaluates the effectiveness of security measures taken, 13 and regularly reassesses potential risks to e-PHI.14 When requests for information are made under mutual legal assistance treaties, they are generally handled by USDOJ, which cooperates with local United States.