Insights on negligence

best practices, bill, Colorado, Gross Negligence, HB 11-1225, negligence, Pabon, Regulation, Security

A Novel Data Security Law Proposed in Colorado

By InfoLawGroup LLP on February 24, 2011

Over the past couple years, many predicted that new state laws would follow the lead of states like Nevada and Massachusetts, and some anticipated we could see a situation where 50 different privacy/security laws across the country. Now it looks like we are beginning to see some renewed activity on the state level. In Hawaii we have a proposed bill that would require breached entities to provide credit monitoring and call center services to impacted individuals. In my home state, Colorado, a legislator (Dan Pabon) has proposed a novel bill that takes a new approach to incentivizing companies to implement good security. In this post, we take a look at the highlights of the Colorado bill.

Breach, consumer fraud law, damages, duty, employee, employee privacy, employer, litigation, negligence, notification, social security number

IL Appellate Court: No Duty Exists to Safeguard SSNs for Purposes of a Negligence Claim

By InfoLawGroup LLP on February 03, 2011

InfoLawGroup recently discovered a new data breach case, one of the first that we are aware of in the United States, that dives deep into the issue of whether a common law duty exists to safeguard personal information. In Cooney, et. al v. Chicago Public Schools, et. al¸ an Illinois appellate court actually rendered a decision holding that no such duty exists under Illinois law. In this blogpost we take a closer look at the court's rationale for dismissing the plaintiffs' negligence claim, as well as the other interesting holdings of the court.

appropriate, civil litigation, compliance, FTC, legal requirements, negligence, portable devices, public networks, reasonable, security measures, unfair practices, wireless

Code or Clear? Encryption Requirements under Information Privacy and Security Laws (Part 1)

By W. Scott Blackmer on October 01, 2009

"Exactly what data do we have to encrypt, and how?" That's a common question posed by IT and legal departments, HR and customer service managers, CIOs and information security professionals. In the past, they made their own choices about encryption, balancing the risks of compromised data against the costs of encryption. Those costs are measured not merely by expense but also by increased processing load, user-unfriendliness, and the remote but real possibility of lost or corrupted decryption keys resulting in inaccessible data. After weighing the costs and benefits, most enterprises decided against encryption for all but the most sensitive applications and data categories.

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