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Privacy and Security of Personal Information
Emily Hackett,Executive DirectorVoice: 202-861-2476Cell: 202-329-0017
Why State Relations?
• States act first. They are nimble and can move quickly.
• California law passes notice legislation in 2002 well before the ChoicePoint breach.
• Congress is sluggish.
• Bills have been pending in the last two Congresses.
.
Security Breach
“Security breach is the number one Internet and information industry issue in the states this year.”
Public Databases are a Target for Reform?
March 22, 2005
Hackers Steal Personal Information of 59,000 People Affiliated with California University
Security Breach: California
• California law passes notice legislation in 2003 before the ChoicePoint breach.
• Companies must notify customers directly or via a notice on their Website if credit card information or other sensitive customer data has been compromised.
• Failure to disclose will allow California residents to sue offending companies.
Security Breach Bills Pending
1. California Model (SB 1386/Ch. 915) - 39 bills in 19 states.
2. More restrictive or more broadly defined than California - 27 bills pending in 14 states.
3. State Government – 6 bills pending in 5 states.
Good Uses of Open Information:
• Instant credit and loans
• Cheaper interest rates
• More accurate, informative investing
• Access to online bank accounts
• More government accountability
Federal Reserve Board Chairman Alan Greenspan
says:• A critical component of our ever more finely hewn
competitive market system has been the plethora of information on the characteristics of customers both businesses and individuals.
• The free-flow of information allows the market to adjust to meet consumers' needs. Market participants are able to detect and to respond to finely calibrated nuances in consumer demand.
• Avoid legislative or regulatory solutions that artificially shape markets and influence behavior, especially when information technology is moving at a pace that renders previous regimes obsolete at an increasingly rapid pace.
• The market will respond to the needs of consumers for greater privacy protection without legislation/regulation.