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Is Your Company’s Data Properly Protected?

With the increasing number of data breaches happening today, the need for data privacy protection is at an all time high.  Does your company have the necessary policies, procedures and technologies in place to protect it from such risks?  As technology continues to develop, the ability to move and share data on the cloud increases the need to protect such data and ensure privacy.  Companies should have in place procedures and guidelines for handling data, proper storage protection, and compliance with data-privacy laws and guidelines, just to name a few.   

 

How do you know if your company is protecting the privacy of its users’ data?  Below are 11 questions that can give you a quick review to see how well you are protecting this information: 

 

Ownership of Big Data

Big data, generally speaking, refers to the ability to collect and analyze large amounts of data generated through an individual’s interaction with the world via technology.  This data may come from ones use of the internet, such as a search engine, use of cell phones or other mobile devices, including geographic location, and any other data source that can reveal individual choices and selections when it comes to browsing, surfing, purchasing, or other connection activity.  How big data is collected, analyzed, used, and stored are all items that individuals and companies should be aware of.  A data privacy attorney with experience in internet law issues must understand big data.

One of the most important aspects of understanding big data is a determination of ownership of that data.  While privacy policies, as well as other agreements between data collectors and data providers, can dictate ownership of data, the initial determination of who owns the data is critically important in any dispute involving big data.  Often times, one company may collect and may initially own certain big data, which may include person-identifiable information, and then license that data to a third party.  That third party may use the data or, in turn, may itself license it to another third-party.  Regardless of ownership, how data can be used by third parties is extremely important when drafting agreements dealing with big data. 

Michigan Passes Law Protecting Student's and Employee's Social Media Accounts

House Bill 5523 was passed by Michigan's House of Representatives was signed into law by Michigan governor Rick Snyder. This bill,"prohibit[s] employers and educational institutions from requiring certain individuals to grant access to, allow observation of, or disclose information that allows access to or observation of personal internet accounts." In other words, no boss or school can force its workers or students into giving them the login information to their social media accounts. The hope is that this will protect the internet privacy of these individuals in a more social media-centered world. 

Several other states have also began to make changes to their laws concerning internet privacy. Delaware, California, and Maryland have all taken steps in protecting students and employees from online privacy violations by their schools or workplaces

Email Hacking Remains A Serious Problem

Email hacking has become more and more commonplace. With all the different gmail, yahoo, and other platforms supporting email, it is not hard for hackers to launch an attack on random email addresses hoping to score a hit. Email hacking not only compromises your emails, but all accounts associated with that email address. Once inside  your email inbox, a hacker can see what is there in terms of other account login information, reset passwords, and do a lot of other damage. They can gain access to your domain name registrar account, and take control of your domain names and websites. They will often be able to get at credit card information as a result of hacking your email.

While strong passwords are always a good thing, the best way to prevent against email hacking is to change your passwords regularly, consolidate your emails into a single account and ensure that no one else has access to your email username and password. 

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How To Erase Information Posted Online

The state of California recently enacted a law that requires websites, mobile applications, and other online service providers that provide services online aimed at minors, and collect their information, to provide these minors an option to delete or remove the information they post. It essentially allows minors to have an online eraser. This bill has been nicknamed the "Eraser Button Bill" in California and would provide a major legal avenue for any minor who wishes to have information they made available on a website, mobile app, or any online service, be deleted or removed. All too often minors, especially when they reach the age of maturity, wish that they could remove things they posted online. This regret only grows as a younger generation continues to mature, especially since that younger generation grew up using online media. While there are social media providers like Twitter and Facebook that already give people a delete button option, not all websites offer this, especially with the required notification to minors of this eraser option. California has typically led the way with privacy legislation, including that which mirrors some of the protection under the Childrens Online Privacy Protection Act (COPPA).

It will be interesting to see if this legislation gets signed into law. If it does, perhaps the next legislation may not pertain only to minors. Internet users regularly contact internet attorneys wondering how they can remove information they have posted. While some websites will cooperate and will remove it at the request of the poster, or even make such removal function available to the user itself, not all websites currently allow that. This becomes particularly problematic when allegedly unlawful content is posted online, whether it be defamatory, invasion of privacy, or some kind of infringement. Recognizing that laws are being consistently being passed to address various online issues including the potential to erase online content, it is critical for any internet attorney and any individual or business entity looking to have any information posted online deleted.  

What to do in the Event of a Security Breach

The federal government is also discussing and introducing bills regarding data security and breach notification requirements. In fact, the latest, known as the Data Security and Breach Notification Act of 2012, is one moving through government right now. So, the question becomes, what must a company do in the event that a security breach occurs? Now, there are many things that a company needs to do once they receive notice that a security breach has occurred.

Welcome to Internet Law Radio where we discuss the hottest topics in Internet law.  If you are facing an Internet law issue, cyber law complaint, web site or e-commerce issue, we have an Internet lawyer ready to help. 

This is Internet Law Attorney, Brian Hall, with Traverse Legal, PLC. Today, I'll be discussing what to do in the event of a security breach. Most states, and I believe it's approximately 46 out of 50 states, have passed security breach notification laws. The federal government is also discussing and introducing bills regarding data security and breach notification requirements. In fact, the latest, known as the Data Security and Breach Notification Act of 2012, is one moving through government right now. So, the question becomes, what must a company do in the event that a security breach occurs? Now, there are many things that a company needs to do once they receive notice that a security breach has occurred.

Privacy Policy Violation Alleged: Lessons from Facebook

Perhaps no privacy policy draws more attention than the ever-changing privacy policy by Facebook.  Many times, it doesn't matter what your privacy policy says.  Because compliance is different by country, and sometimes by state, even a well drafted privacy policy can still come under attack.  As an internet lawyer, we draft form and customized privacy policies for website clients all the time.  Our attorneys regularly hear: "Can I just copy a privacy policy, terms of service or terms of use policy from some other website?" Think about your privacy policy, and your other website agreements, as important protection for your company from liability, violations of law and as part of your customer service model.  You should be paying special attentions to your privacy policy and other website agreements as they are integral to your business success.  As an attorney who regularly represents the small business interests, I appreciate the fact that new and start-up companies need to save on costs and fees.  You can always start with a version 1.0 privacy policy or other website agreement and grow into more sophisticated policies over time. 

Bill O'Reilly's Web Site Hacked: No Security = No Protection. Web site owner must inform registered users.

What does a web site owner have to do when they are hacked and user data is compromised? In many instances, the web site owner has to disclose the hack and data breach to its users.

Internet Law Update: Personal Data Protected By Google In Deal With Viacom

In response to a recent court ruling that Google turn over personal data of users to Viacom in litigation discovery, The parties have apparently reached a deal to protect user data. "We are pleased to report that Viacom, MTV and other litigants have backed off their original demand for all users' viewing histories and we will not be providing that information," Google commented in a post on the official YouTube blog in the US overnight.

Contact an Internet lawyer today at Traverse Legal, PLC by calling international toll free (866) 936-7447.

YouTube User Data To Be Turned Over To Viacom in Discovery Order: Privacy Concerns Take Center Stage

A federal judge has ordered Google to turn over to Viacom its records of which users watched which videos on YouTube, the Web’s largest video site by far. The order raised concerns among YouTube users and privacy advocates that the video viewing habits of tens of millions of people could be exposed. But Google and Viacom said they were hoping to come up with a way to protect the anonymity of the site’s visitors.

As Internet Lawyers, we are constantly advising clients on privacy issues related to their websites, e-commerce transactions, email newsletters and software data.