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Update On Mandating Data Security by Andrew S. Ehmke
Haynes and Boone, LLP - Dallas Office
Gavin D. George
Haynes and Boone, LLP - Dallas Office
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September 23, 2009
Previously published on September 21, 2009
Many states have enacted statutes imposing general obligations on companies to maintain "reasonable" security procedures and practices to protect the personal information of state residents from unauthorized access or use. A few states, however, are taking data security statutes a step further by mandating that companies take specific actions to prevent a security breach. Nevada and Connecticut have imposed, and Massachusetts is about to impose, obligations on companies to comply with certain security measures when storing, transmitting and disposing of personal information. Companies with nationwide clientele, or employees located throughout the country, should be aware of the growing and varying data security requirements and should review their data protection programs to ensure that they are in compliance with developing requirements. This article explores a few specific developments in state law.
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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