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Update On Mandating Data Security


by Andrew S. Ehmke View Biography
Gavin D. George View Biography
Haynes and Boone, LLP View Firm Credentials
Dallas Office

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.


 

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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