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sandy ingram

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

www.ftc.gov/...redflags.shtm

identity theft ftc extends Red Flags Rule Legal compliance information security

shared by sandy ingram on 21 Oct 10 - Cached
  • “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.
  • ...3 more annotations...
  • 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.
  • sandy ingram on 21 Oct 10
     
    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

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

www.hipaa.com/...-ftc-red-flags-rule-fifth-time

compliance FTC Red Flags Rule

shared by sandy ingram on 17 Sep 10 - No Cached
  • “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. 
  • sandy ingram on 17 Sep 10
     
    "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

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

www.ftc.gov/...redflag.shtm

Red Flags Rule FTC Privacy Security Enforcement

shared by sandy ingram on 30 Jul 09 - Cached
  • 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.
  • sandy ingram on 30 Jul 09
     
    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

Top regulatory compliance trends that will affect IT in 2009 - 0 views

searchcompliance.techtarget.com/...9142,sid195_gci1359326,00.html

Privacy Security Compliance Enforcement Best Practice

shared by sandy ingram on 18 Jun 09 - Cached
  • More enforcement coming Deputy Attorney General Dave Ogden also was among those who see a renewed emphasis on "prosecuting financial crimes aggressively" in the months ahead. Reflecting Ogden's assessment, former U.S. Deputy Attorney General Paul McNulty said that money laundering, fraud and tax issues are also receiving increased enforcement action. McNulty pointed to the requirements of the Sarbanes-Oxley Act (SOX), which mean that more information now must be disclosed and acted upon
  • sandy ingram on 18 Jun 09
     
    More enforcement coming SOX 404(b) will matter FCPA compliance Focus on risk management
sandy ingram

http://www.corporatecomplianceinsights.com/2009/risk-based-fcpa-compliance-assessments/ - 0 views

www.corporatecomplianceinsights.com/...ed-fcpa-compliance-assessments

Best Practice Privacy Security corporatecomplianceinsights cybersecurity Compliance Fraud

shared by sandy ingram on 01 Aug 10 - Cached
  • Companies lacking an anti-corruption compliance program face great legal, financial, and reputational risks. Government investigators will have no sympathy for those who fail to devote sufficient resources to compliance.
  • sandy ingram on 01 Aug 10
     
    "The Need for Risk-Based FCPA Compliance Assessments How To Deal With Increasing FCPA Risks In a Time of Shrinking Budgets In a time of dwindling funds, growing risks, and increased government targeting of companies that cut compliance budgets, a proper anti-corruption assessment is a vital first step in creating a cost-effective compliance program When a warning comes straight from the mouth of the U.S. Government's lead prosecutor in a field directly affecting their bottom line, it is wise for businesses to pay heed. In an interview earlier this year with PBS's investigative journal, "Frontline," Mark Mendelsohn, the Deputy Chief of the U.S. Department of Justice's Fraud Section, which is charged with enforcing the Foreign Corrupt Practices Act ("FCPA"), offered advice to all American businesses dealing with the current global recession. "I think that companies need to be especially vigilant in this economic climate to not cut back [on FCPA compliance]," Mendelsohn said. "Our law enforcement efforts are not going to be scaled back, and so it would be, I think, a grave mistake for a company to take that path.""
sandy ingram

Amended SB1386 - Health care data security breach explained - 0 views

www.scmagazineus.com/...120069

hipppa SB1386 health training breaches

shared by sandy ingram on 01 Nov 08 - Cached
  • Health care data security breaches in the U.S.
  • New laws and regulations regarding data security breaches and disclosure laws affect the way in which health care organizations do business
  • Notifications can be delayed if law enforcement determines it could hinder a criminal investigation
  • ...11 more annotations...
  • he disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
  • Any agency that maintains computerized data that includes personal information that the agency does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person.
  • They need to implement proper security measures, like encryption,” Booz says. In addition, the law will require a new level of investment in training for customer service, sales, and other externally facing operations.
  • Individuals affected by data breaches that meet the personal information definition and notification requirements must be notified by using one of three methods: written notice, electronic notice with customer's consent, or substitute notice
  • The purpose of this rule is to secure personally identifiable information (PII) as it travels through the healthcare system. Healthcare organizations, including providers, payers, and clearinghouses, must comply with the Privacy Rule.
  • The new law requires all state agencies and companies that conduct business in California to notify residents when a breach of their medical information occurs.
  • A new California law requiring that customers be notified of a breach involving their medical information is likely to influence legislation in other states.
  • Between 2000 and 2007, nearly half of all health care security incidents that occurred in the U.S. were associated with hospitals.
  • Between 2000 and 2007, 40 percent of publicly known security incidents at health care organizations are classified as data breaches
  • Although data breaches (hackers, malicious employees, social engineering, etc.) only constitute 40 percent of incidents, they account for 57 percent of all records compromised, nearly two and a half times the next closest category.
  • This again speaks to the need for strong policies and procedures. If organizations did not allow sensitive data to leave their facility without being encrypted (for electronic data) or disposed of properly (for physical data), it could eliminate nearly a quarter of the incidents they would face.
  • sandy ingram on 01 Nov 08
     
    Notifications can be delayed if law enforcement determines it could hinder a criminal investigation
  • sandy ingram on 01 Nov 08
     
    A new California law requiring that customers be notified of a breach involving their medical information is likely to influence legislation in other states.
sandy ingram

Smaller companies challenged to comply with Massachusetts' data privacy rules - Mass Hi... - 0 views

www.masshightech.com/...usetts-data-privacy-rules.html

compliance Privacy Security Massachusetts proofpoint

shared by sandy ingram on 10 Nov 10 - No Cached
  • The regulations, which went into force in March, are intended to protect a consumer’s personal information from identity theft and other privacy breaches and to spell out steps that businesses must take to ensure data is secured. Some large companies — particularly those in the finance and health care industries that are already subject to data security laws like the Health Insurance Portability and Accountability Act (HIPAA) — had privacy measures in place, which helped get them ready for Massachusetts’ regulations. However, for many smaller and midsize companies that have not been subject to data security laws before, complying with the rules is a longer and often more painful process.
  • some businesses that are complying with privacy regulations for the first time and have limited in-house technology expertise “are running around with their hair on fire, trying to figure out what to do first,”
  • “We’ve seen a substantial uptick in activity in clients seeking guidance in how to comply,” said Carlos Perez-Albuerne, a partner at Choate Hall & Stewart LLP. “There’s a whole swath of businesses that never had to deal with anything like this before.”
  • ...4 more annotations...
  • Under the regulations, organizations — no matter where they are based — that store personal information about Massachusetts residents have to write security policies detailing how the data will be protected, encrypt the data when it is stored on laptops or other portable devices or transmitted over public networks, and monitor their systems for breaches.
  • Believed to be among the most stringent data privacy regulations in the U.S., the rules have lawmakers and businesses taking note. The regulations are now driving computer security policy agendas across the country, said Mark Schreiber, a partner at Edwards Angell Palmer & Dodge who chairs the firm’s privacy and data protection group. “The impact is much broader than we ever imagined. Who would have thought it would have catalyzed so much activity?” he said. “This will be with us for decades or longer.”
  • Since March, Cutugno Court Reporting and Sten-Tel Inc., a Springfield-based firm that provides document management and transcription systems, has spent “easily into the six-figure realm” on technology and consulting services to comply with the privacy regulations, said Blake Martin, the company’s CIO.
  • To date, state regulators have not yet taken any public enforcement actions against organizations that have failed to comply with the rules. The state attorney general’s office, which is charged with enforcing the regulations, and the Office of Consumer Affairs and Business Regulation, which developed the regulations, have been focusing on compliance efforts, reaching out to trade groups, bar associations and others to spread the word.
  • sandy ingram on 10 Nov 10
     
    "Eight months after the state's tough, new data privacy regulations went into effect, many businesses are still sorting through the rules and working to bring their firms into compliance. "
sandy ingram

CERT's Podcast Series - 0 views

www.cert.org/...20090120pethia.html

Cert podcast

shared by sandy ingram on 12 Feb 09 - Cached
sandy ingram liked it
  • sandy ingram on 12 Feb 09
     
    CERT'S PODCASTS: SECURITY FOR BUSINESS LEADERS: SHOW NOTES Tackling Tough Challenges: Insights from CERT's Director Rich Pethia Key Message: Rich Pethia reflects on CERT's 20-year history and discusses how he is positioning the program to tackle future IT and security challenges. Executive Summary CERT's vision is a securely connected world. CERT's mission is to enable informed trust and confidence in the use of information technology. To achieve this vision and mission, CERT has broadened its perspective to include the full system/software engineering and operations life cycle and is reaching out to thought leaders in the global IT and security community. In this podcast, Rich Pethia, director of the CERT Program at Carnegie Mellon University's Software Engineering Institute, discusses the past, current, and future state of Internet security and CERT's role in tackling future challenges as CERT celebrates its 20th anniversary. PART 1: LOOKING BACK, LOOKING FORWARD: THE GOOD, THE BAD, AND THE UGLY CERT's Vantage Point CERT's vision is a securely connected world, supported by CERT's mission of enabling informed trust and confidence in the use of information technology. As the director of CERT, Pethia has unique access to government, commercial, and industry leaders. The Good News Internet use continues to grow, not just in size (number of people, volume of traffic) but also in utility, for example: * the increasing amount of real government and business operations * the introduction of new applications * the growing use of new mobile appliances User awareness of the need to address security is increasing along with increasing attention from service providers (firewalls, virus protection, anti-spyware, data backup). Developers are paying more attention to building security into their products. Vendors have more mature processes for providing cost-effective, timely updates for software vulnerabilities. Users are more willing
sandy ingram

SurveyHigh storage costs, long backup windows, litigation risk and inefficient eDiscove... - 0 views

www.symantec.com/...article.jsp

Best Practice e-discovery Privacy Security

shared by sandy ingram on 13 Sep 10 - No Cached
  • Enterprises are retaining far too much information. Seventy-five percent of backup storage consists of infinite retention or legal hold backup sets. Respondents also stated that 25 percent of the data they back up is not needed for business or should not be kept in a backup.
  • Enterprises are misusing backup, recovery and archiving practices. Seventy percent of enterprises use their backup software to implement legal holds and 25 percent preserve the entire backup set indefinitely. Respondents said 45 percent of backup storage comes from legal holds alone
  • Differences in how IT and legal respondents cited top issues for lack of an information retention plan Forty-one percent of IT administrators don’t see a need for a plan, 30 percent said no one is chartered with that responsibility, and 29 percent cited cost.
  • ...5 more annotations...
  • Storage costs are skyrocketing as over retention has created an environment where it is now 1,500 times more expensive to review data than it is to store it,
  • Backup is not an archive, and it is not recommended to use backup for archiving and legal holds
  • Enterprises should also develop and enforce information retention policies (what can and cannot be deleted, and when) automatically. Automated, policy-driven deletion creates less risk than ad-hoc, manual deletion.
  • Paper policies that are not executed can be a litigation risk.
  • Enterprises should deploy data loss prevention technologies to measurably reduce their risk of data breaches, demonstrate regulatory compliance and safeguard their customers, brand and intellectual property.
  • sandy ingram on 13 Sep 10
     
    MOUNTAIN VIEW, Calif. - August 4, 2010 - Symantec Corp. (Nasdaq: SYMC) today released the findings of its 2010 Information Management Health Check Survey, which highlights that a majority of enterprises are not following their own advice when it comes to information management. Eighty-seven percent of respondents believe in the value of a formal information retention plan, but only 46 percent actually have one. Survey results also found that too many enterprises save information indefinitely instead of implementing policies that allow them to confidently delete unimportant data or records, and therefore suffer from rampant storage growth, unsustainable backup windows, increased litigation risk and expensive and inefficient discovery processes.
sandy ingram

Outgunned: How Security Tech Is Failing Us -- InformationWeek - 0 views

www.informationweek.com/...showArticle.jhtml

Security Privacy compliance cybersecurity Best Practice

shared by sandy ingram on 11 Oct 10 - No Cached
  • Thing is, the pitch is less believable these days, and the atmosphere is becoming downright hostile. We face more and larger breaches, increased costs, more advanced adversaries, and a growing number of public control failures.
  • -U.S. businesses continue to hemorrhage credit card numbers and personally identifiable information. The tab for the Heartland Payment Systems breach, which compromised 130 million card numbers, is reportedly at $144 million and counting. The Stuxnet worm, a cunning and highly targeted piece of cyberweaponry, just left a trail of tens of thousands of infected PCs. Earlier this month, the FBI announced the arrest of individuals who used the Zeus Trojan to pilfer $70 million from U.S. banks. Zeus is in year three of its reign of terror, impervious to law enforcement, government agencies, and the sophisticated information security teams of the largest financial services firms on the planet.
  • sandy ingram on 11 Oct 10
     
    Information security professionals face mounting threats, hoping some mix of technology, education, and hard work will keep their companies and organizations safe. But lately, the specter of failure is looming larger. "Pay no attention to the exploit behind the curtain" is the message from product vendors as they roll out the next iteration of their all-powerful, dynamically updating, self-defending, threat-intelligent, risk-mitigating, compliance-ensuring, nth-generation security technologies. Just pony up the money and the manpower and you'll be safe from what goes bump in the night.
sandy ingram

Security awareness: Helping employees really 'get' company policy - CSO Online - Securi... - 0 views

www.csoonline.com/...yees-really-get-company-policy

security awareness Privacy Best Practice employees training

shared by sandy ingram on 30 Nov 10 - Cached
  • Employee awareness of their companies' security policies is high—if you ask the employees. In a survey of 2,000 office workers, software security company Clearswift found almost three quarters, 74 percent, felt 'confident' that they understand their employers' Internet security policies. That is, policy designed to safeguard data and IT security, as well as maintain productivity.
  • But the confidence is misplaced, Clearswift suggests in their summary of the findings, because a third of those surveyed have not received any training on IT security since joining their firm. And more than two thirds of those who have not had recent training joined their organization more than five years ago—a 'technological lifetime,' notes Clearswift.
  • "When security is kept in the shadows and not discussed openly, and only referred to when things go wrong, it is all too easy for office 'folk-law' to become perceived as official policy very quickly. If employees are not aware of when they have broken policies—in some cases because the policy is not even enforced—it can lead to a false sense of security or a belief that what they are doing is actually in line with the corporate policy."
  • ...1 more annotation...
  • The research raises a question that is frequently discussed, but very rarely measured, among organizations: What kind of awareness training is effective? Is it regular and incremental? Is it most effective when done through courses, formal sessions or informal discussions? And how does an organization gauge its effectiveness?
  • sandy ingram on 30 Nov 10
     
    "Research finds while most employees believe they understand their company's security policies, a large number have never received any formal policy education or training. How can an organization really ensure people understand risk?"
sandy ingram

Health care providers anticipate new audit program - 0 views

www.finance-commerce.com/...allenges-as-scrutiny-increases

Health Care Audit

shared by sandy ingram on 05 Jan 09 - Cached
  • New audit program
  • Another development affecting hospitals will be the nationwide implementation of the Medicare Recovery Audit Contractor (RAC) Audit program, Jesson noted. After testing the program in three states over the past three years, RAC auditors will begin auditing hospitals in Minnesota and other states for Medicare or Medicare fraud.
  • The federal government recently offered additional incentives to states that adopt laws that parallel the False Claims Act.
  • ...8 more annotations...
  • Data privacy is another hot-button issue for health care consumers, providers and regulators
  • a Minneapolis attorney, expects to see stepped up reinforcement of so-called “red flag rules” under the Health Insurance Portability and Accountability Act to prevent identity theft from health care providers and their patients.
  • health care organizations need to address three primary areas
  • making sure they have ID-theft prevention programs in place;
  • requirements relating to credit reports;
  • requirements related to the use of debit cards, credit cards and “smart” cards.
  • expects to see greater enforcement and “stiffening” of Medicare and Medicaid reimbursement:
  • As the current economic downturn continues, DeLoss also foresees another trend which should keep health law attorneys occupied in the coming year: more consolidation among medical practices.
  • sandy ingram on 05 Jan 09
     
    Another development affecting hospitals will be the nationwide implementation of the Medicare Recovery Audit Contractor (RAC) Audit program, Jesson noted. After testing the program in three states over the past three years, RAC auditors will begin auditing hospitals in Minnesota and other states for Medicare or Medicare fraud.
sandy ingram

Privacy is good for business - CEO Forum Group - 0 views

www.ceoforum.com.au/article-detail.cfm

ceo cpo

shared by sandy ingram on 20 Nov 08 - Cached
  • "There are thousands of privacy professionals now, in the U.S. and Europe and Asia. Most of the Fortune 100 have a privacy officer or some sort of equivalent".
  • "Now imagine", Pearson says, "the first few times an insurance company or a university sends out a letter saying, 'excuse me, but we were hacked and we don't know what happened exactly, we don't know what happened to your data, but we are required by law to notify you that something might have happened'. That's not a pleasant situation to be in".
  • But privacy concerns impact more than just the bottom line; they affect multiple areas of an organisation, from legal liabilities to PR efforts to CRM and employee retention. A well-designed, well-implemented policy can help a company in all of these areas, on both the tactical and the strategic levels.
  • ...2 more annotations...
  • Security and privacy are not simply IT challenges—they need to be addressed as strategic issues, at the highest levels of the organisation.
  • Ultimately, however, it is organisational policies, not technology, that are most important to enforcing privacy.
sandy ingram

Cracking Down on ID Theft: A Case for Cloud Computing - 0 views

www.healthcareinfosecurity.com/articles.php

Privacy security compliance Best Practice PCI-DSS HIPPA Red Flags Rule

shared by sandy ingram on 01 Apr 11 - No Cached
  • The PCI Security Standards Council created the criteria, but the five leading credit card companies each maintain their own compliance and enforcement programs
  • and each has its own way to validate compliance.
  • In many cases, banks or merchant service providers are now sending letters to organizations that have smaller payment card transaction levels and asking them to prove they are compliant by completing a self-assessment questionnaire,
  • ...4 more annotations...
  • If an organization can meet all of the requirements of PCI, it's going to be in great shape when it comes to HIPAA security compliance,"
  • The PCI standard applies only to those systems and applications used for storage, processing or transmission of cardholder data,
  • any organization that accepts credit and/or debit cards must comply with the Payment Card Industry Data Security Standard, but many hospitals and clinics have overlooked this obligation, says security expert Tom Walsh
  • Red Flags Compliance
  • sandy ingram on 01 Apr 11
     
    In many cases, banks or merchant service providers are now sending letters to organizations that have smaller payment card transaction levels and asking them to prove they are compliant by completing a self-assessment questionnaire, he explains.
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