Into the Breach
I've noticed a slew of data breach stories over the last six months.
Most recently, at Johns Hopkins (Reasonable Basis). Prior to that twenty-six IRS tapes
"went missing" (Privacy and Security Law Blog). TJ Maxx was before that
(InformationWeek). And before that UCLA lost a bunch of
student/alumni personal information (SearchSecurity.com).
I suspect enterprising plaintiff's lawyers may have a hand
in changing this regime. In the
meantime, Senators Specter and Leahy have re-introduced a privacy bill
(Personal Data Privacy and Security Act of 2007) [64 page pdf file]. The bill is wide ranging and among other things requires
periodic testing and risk assessment by those who house sensitive data. The bill also requires notification of a data
breach. The bill does not create any
private causes of action, and provides for enforcement by state and federal agencies. I'll have to take a closer look as time
permits, but I suspect that the bill will only create another lawyer layer of
bureaucracy. The bill will spawn an
industry of "data security compliance consultants". As to whether the bill will spur companies to actually change their practices it's tough to say.


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