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sandy ingram

FTC Extends Enforcement Deadline for Identity Theft Red Flags Rule - 0 views

  • “Congress needs to fix the unintended consequences of the legislation establishing the Red Flags Rule – and to fix this problem quickly.
  • The Rule was developed under the Fair and Accurate Credit Transactions Act, in which Congress directed the FTC and other agencies to develop regulations requiring “creditors” and “financial institutions” to address the risk of identity theft.
  • The resulting Red Flags Rule requires all such entities that have “covered accounts” to develop and implement written identity theft prevention programs to help identify, detect, and respond to patterns, practices, or specific activities – known as “red flags” – that could indicate identity theft.
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  • The Rule became effective on January 1, 2008, with full compliance for all covered entities originally required by November 1, 2008.
  • Today’s announcement and the release of an Enforcement Policy Statement do not affect other federal agencies’ enforcement of the original November 1, 2008 deadline for institutions subject to their oversight to be in compliance.
  • If Congress passes legislation limiting the scope of the Red Flags Rule with an effective date earlier than December 31, 2010, the Commission will begin enforcement as of that effective date.
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    FTC Extends Enforcement Deadline for Identity Theft Red Flags Rule At the request of several Members of Congress, the Federal Trade Commission is further delaying enforcement of the "Red Flags" Rule through December 31, 2010, while Congress considers legislation that would affect the scope of entities covered by the Rule. Today's announcement and the release of an Enforcement Policy Statement do not affect other federal agencies' enforcement of the original November 1, 2008 deadline for institutions subject to their oversight to be in compliance. "Congress needs to fix the unintended consequences of the legislation establishing the Red Flags Rule - and to fix this problem quickly. We appreciate the efforts of Congressmen Barney Frank and John Adler for getting a clarifying measure passed in the House, and hope action in the Senate will be swift," FTC Chairman Jon Leibowitz said. "As an agency we're charged with enforcing the law, and endless extensions delay enforcement." The Rule was developed under the Fair and Accurate Credit Transactions Act, in which Congress directed the FTC and other agencies to develop regulations requiring "creditors" and "financial institutions" to address the risk of identity theft. The resulting Red Flags Rule requires all such entities that have "covered accounts" to develop and implement written identity theft prevention programs to help identify, detect, and respond to patterns, practices, or specific activities - known as "red flags" - that could indicate identity theft. The Rule became effective on January 1, 2008, with full compliance for all covered entities originally required by November 1, 2008. The Commission has issued several Enforcement Policies delaying enforcement of the Rule. Most recently, the Commission announced in October 2009 that at the request of certain Members of Congress, it was delaying enforcement of the Rule until June 1, 2010, to allow Congress time to finalize leg
sandy ingram

Organisation for Economic Co-operation and Development - WHERE PRIVACY LAW GET'S IT'S QUE - 0 views

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    The economic downturn will hit the Internet economy hard in 2009, according to the latest available OECD estimates. The IT Outlook 2008 says that the IT industry is likely to have grown by 4% at most in 2008 compared to the previous year. But with the outlook for the global economy worsening and business and consumer confidence plumetting, growth will remain flat or decline in 2009.
sandy ingram

Five Steps to HITECH Preparedness - CIO.com - 0 views

  • In 2008, 44% of breach incidents were due to third-party handling of data. With HITECH, organizations will now be held responsible for a third party's handling of your data
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    In 2008, 44% of breach incidents were due to third-party handling of data. With HITECH, organizations will now be held responsible for a third party's handling of your data
sandy ingram

FTC Delays Enforcement of Red Flags Rule Fifth Time at the request of Congress - 0 views

  • “The Commission urges Congress to act quickly to pass legislation that will resolve any questions as to which entities are covered by the Rule and obviate the need for further enforcement delays.  If Congress passes legislation limiting the scope of the Red Flags Rule with an effective date earlier than December 31, 2010, the Commission will begin enforcement as of that effective date.”
  • The issue regarding the delays in FTC enforcement relates to “scope of entities covered by the Rule,” as indicated in the FTC news release.  Congress is taking action[2]:
  • “House lawmakers in October [2009] passed H.R. 3763[3], which would exclude from the Red Flags guidelines meaning of ‘creditor’ any healthcare, accounting, or legal practice with 20 or fewer employees, as well as any other business which the FTC determines knows all its customers or clients individually; only performs services in or around the residences of its customers; or hasn’t experienced incidents of ID theft, and identity theft is rare for businesses of that type.  An identical bill, S.3416 was introduced in the Senate on May 25 [2010].” A lawsuit was filed in federal court on May 21, 2010, to accomplish a similar objective of narrowing scope of entities covered by the Rule. 
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    "At the request of several Members of Congress, the Federal Trade Commission is further delaying enforcement of the 'Red Flags' Rule through December 31, 2010, while Congress considers legislation that would affect the scope of entities covered by the Rule.  Today's announcement and the release of an Enforcement Policy Statement do not affect other federal agencies' enforcement of the original November 1, 2008 deadline for institutions subject to their oversight to be in compliance….
sandy ingram

Staff fraud 'on the rise'. Majority still undetected and unreportd - 0 views

  • "The vast majority of staff in any organisation are trustworthy and honest. However, businesses are now beginning to realise and understand the scale of the threat posed by the small proportion of staff that act dishonestly and defraud their employer."
  • According to the ACFE 2010 report on occupational fraud the median length of the schemes was 18 months from the time the fraud began until the time it was detected. The median loss caused by the occupational frauds in the report was $160,000. Nearly one-quarter of the cases caused at least $1 million in losses and nine cases caused losses of $1 billion or more.
  • Historically, the most serious threat from staff fraud has been centred on relatively senior employees in management positions. However, the major threat has now shifted down the organisational hierarchy to more junior members of staff, who have access to, and responsibility for, more confidential customer and payroll data than ever before,"
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  • "With as much as 30 per cent of all business failures attributable to employee theft, employers are interested in any device or technique that could detect or prevent employee theft.
  • "Given the present wave of corporate scandals and failures, it is not surprising that organisations are being expected to create strong ethical cultures and select employees who will fit into those cultures. This explains, to some extent, the growing emphasis on integrity testing in the business world.
  • Spitzer has simple advice for businesses who are concerned they may be at risk:
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    "Employee theft and fraud is on the increase - and an Australian start-up company believes it has pioneered a means of early detection. According to a recent survey conducted by KPMG, the total funds lifted from organisations came to $345 million - a significant increase from the $301 million of 2008, totalling 174,914 cases. "Employee fraud is a growing concern for organisations in all business sectors both in monetary and reputational terms," says Alon Spitzer, who has founded Integrity Elements, a company specialising in the new field of ' integrity testing and valuation'."
sandy ingram

Identity Theft Resource Center ITRC 2008 Breach List - 0 views

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    The ITRC breach list is a compilation of breaches confirmed by various media sources, notification lists from state governmental agencies.
sandy ingram

FTC Announces Expanded Business Education Campaign on 'Red Flags' Rule - 0 views

  • The Red Flags Rule is an anti-fraud regulation, requiring “creditors” and “financial institutions” with covered accounts to implement programs to identify, detect, and respond to the warning signs, or “red flags,” that could indicate identity theft. The financial regulatory agencies, including the FTC, developed the Rule, which was mandated by the Fair and Accurate Credit Transactions Act of 2003 (FACTA).
  • The FTC’s Red Flags Web site, www.ftc.gov/redflagsrule, offers resources to help entities determine if they are covered and, if they are, how to comply with the Rule. It includes an online compliance template that enables companies to design their own Identity Theft Prevention Program through an easy-to-do form, as well as articles directed to specific businesses and industries, guidance manuals, and Frequently Asked Questions to help companies navigate the Rule.
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    The three-month extension, coupled with this new guidance, should enable businesses to gain a better understanding of the Rule and any obligations that they may have under it. These steps are consistent with the House Appropriations Committee's recent request that the Commission defer enforcement in conjunction with additional efforts to minimize the burdens of the Rule on health care providers and small businesses with a low risk of identity theft problems. Today's announcement that the Commission will delay enforcement of the Rule until November 1, 2009, does not affect other federal agencies' enforcement of the original November 1, 2008, compliance deadline for institutions subject to their oversight.
sandy ingram

Security Fix - Malicious Attacks Most Blamed in '09 Data Breaches - 0 views

  • The ITRC found only a single breach in the first half of 2009 in which the victim reported that the lost or stolen data was protected by encryption technology
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    The ID Theft Center found that of the roughly 250 data breaches publicly reported in the United States between Jan. 1 and Jun. 12, victims blamed the largest share of incidents on theft by employees (18.4 percent) and hacking (18 percent). Taken together, breaches attributed to these two types of malicious attacks have increased about 10 percent over the same period in 2008.
sandy ingram

FTC Announces Conference on International Aspects of Securing Personal Data - 0 views

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    The Federal Trade Commission, in conjunction with two international organizations, will host a two-day international conference: "Securing Personal Data in the Global Economy." The conference addresses how companies can manage personal data-security issues in a global information environment where data can be stored and accessed from multiple jurisdictions.
sandy ingram

New laws to crack down on Facebook identity fraud - 0 views

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    New laws to crack down on Facebook identity fraud
sandy ingram

Futureofprivacy.org - Group hopes to shape nation's privacy policy - 0 views

  • Businesses, regulators and consumers are all confused about online privacy, yet technology keeps advancing, said the group's other co-founder, Christopher Wolf, who chairs the Privacy and Data Security Practice Group for Washington law firm Proskauer Rose LLP.
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    Group hopes to shape nation's privacy policy
sandy ingram

Data Security Breaches Cost Real Money - 0 views

  • PGP Corporation, an enterprise data protection company, and the Poneman Institute, a privacy and information management research firm, as part of their fifth annual U.S. Cost of a Data Breach Study, tracked a wide array of cost elements
  • These elements included outlays for detection, escalation, notification, and response along with legal, investigative and administrative expenses, customer defections, opportunity loss, reputation management, and costs related to customer support like information hotlines and credit monitoring subscriptions
  • data breaches caused by malicious attacks and botnets were on the high end of severity and cost responses. These types of breaches doubled from 2008 to 2009.
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  • data breaches involving data outsourced to third-parties, especially those offshore, remain very costly.
  • The study shows that companies are spending more on legal defense costs in the area of data security breaches
  • Furthermore, companies that have a Chief Information Security Officer (CISO) or equivalent high-level security/privacy leader in place who manages data security breach incidents experienced a 50% less per cost of compromised record than companies that do not have such leadership.
  • Somewhat surprisingly, the study indicates that companies that notify victims of data breaches too quickly may incur about 12% higher response costs. The study suggests that moving too quickly through the data breach process could cause inefficiencies that raise total costs
  • companies that engage outside expertise to assist them during a data breach incident tended to have a lower $170 cost per victim than companies that do not seek outside help at $231 per victim.
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    study shows that companies are spending more on legal defense costs in the area of data security breaches. This has been attributed to fears of potential class actions, and other lawsuits resulting from consumer and employee data loss. In fact, companies that engage outside expertise to assist them during a data breach incident tended to have a lower $170 cost per victim than companies that do not seek outside help at $231 per victim.
sandy ingram

Do You Know Where Your Data Are? - WSJ.com - 0 views

  • There's a basic consumer protection principle at work here, and it's the concept of "unfair and deceptive" trade practices.
    • sandy ingram
       
      Basically, a company shouldn't be able to say one thing and do another: sell used goods as new, lie on ingredients lists, advertise prices that aren't generally available, claim features that don't exist, and so on.
  • RealAge's privacy policy doesn't mention anything about selling data to drug companies, but buried in its 2,400 words, it does say that "we will share your personal data with third parties to fulfill the services that you have asked us to provide to you."
  • Cloud computing is another technology where users entrust their data to service providers. Salesforce.com, Gmail, and Google Docs are examples; your data isn't on your computer -- it's out in the "cloud" somewhere -- and you access it from your web browser.
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  • 69% of Americans now use some sort of cloud computing services
  • Google repeatedly assures customers that their data is secure and private, while published vulnerabilities demonstrate that it is not
  • Cloud computing services like Google Docs, and social networking sites like RealAge and Facebook, bring with them significant privacy and security risks over and above traditional computing models
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    Google's cloud computing services. On its website, Google repeatedly assures customers that their data is secure and private, while published vulnerabilities demonstrate that it is not.
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