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Behavioral Advertising Online behavioral advertising – the practice of tracking someone’s online activities to deliver targeted advertising – can raise potential privacy issues.  Do you disclose your practices to your customers and honor your promises? Children’s Online Privacy The Children’s Online Privacy Protection Act (COPPA) gives parents control over what information websites can collect from their kids. If you run a website designed for kids or have a website geared to a general audience but collect information from someone you know is under 13, you must comply with COPPA’s two main requirements. Credit Reports Does your business use credit reports to evaluate customers’ credit worthiness? Do you consult credit reports when considering evaluating applications for jobs, leases, and insurance? Here is information about your responsibilities when using, reporting, and disposing of information in those credit reports. Data Security Many companies keep sensitive personal information about customers or employees in their files. Having a sound security plan in place can help you meet your legal requirements to protect that sensitive information. Gramm-Leach-Bliley Act The Gramm-Leach-Bliley Act requires financial institutions – companies that offer consumers financial products or services like loans, financial or investment advice, or insurance – to explain their information-sharing practices to their customers and to safeguard sensitive data. Health Privacy If you offer or maintain personal health records online, you could be covered by the FTC’s Health Breach Notification Rule. Are you familiar with your legal obligations in case of a security mishap? Red Flags Rule The Red Flags Rule requires many businesses and organizations to implement a written Identity Theft Prevention Program designed to detect the warning signs  – or red flags – of identity theft in their day-to-day operations.

What contractual information security provisions should you consider, as a customer or as a vendor or business partner, when the contract contemplates the exchange of protected information? What do security standards and audits entail for a vendor, and what do they offer for a customer?

With heightened liability and compliance risks associated with handling protected categories of data, it is becoming more common to see contractual requirements holding vendors accountable for information security or requiring them to conform to a specified information security standard

Businesses that hold personally identifiable information on Massachusetts residents have one month to comply with what security experts are calling the toughest data security requirements in the nation. The Massachusetts Data Breach Law, passed in 2007, goes into effect March 1 and requires personal information in networked systems to be protected with strong encryption, firewalls, antivirus and access controls.

The law was written in response to the theft of information on more than 45 million credit card accounts from TJX Companies in 2007

The law is designed to ensure “the security and confidentiality of customer information,” based on current industry standards, focusing on threats that can or should be anticipated. The regulations take into account the size of a business, the amount of resources available to it, the amount of personal data held and the sensitivity of the data. It covers paper and electronic records and requires physical and IT security.

United States defense-related technologies and information are under attack: each day, every hour, and from multiple sources. The attack is pervasive, relentless, and unfortunately, at times successful

Defense contractors with access to classified material are required to identify and report suspicious contacts and potential collection attempts as mandated in the National Industrial Security Program Operating Manual (NISPOM)

DSS encourages all Facility Security Officers to use the information in this report to supplement security awareness and education programs at their facilities.

This would in effect shift FISMA implementation responsibility away from the Office of Management and Budget (OMB) and the National Institute for Standards and Technology (NIST) to DHS, “where the knowledge of attacks informs the defense”, Paller said.

“DHS has already demonstrated that they are focusing on the critical controls....They are focusing on effectiveness measures, rather than make work”

The proposal would also expand the DHS authority over cybersecurity of private networks, particularly critical infrastructure. DHS would have the authority to develop and conduct risk assessments of private sector critical infrastructure systems and share information with the private sector about threats and best practices.

The security failure, one of the several largest in nearly two years, involves nearly two-thirds of the insurers' subscribers. It became known only after The Inquirer requested information Tuesday evening. The insurers said the drive was missing from the corporate offices on Stevens Drive in Southwest Philadelphia. It noted that the same flash drive was used at community health fairs. "That seems grossly irresponsible," said Dr. Deborah Peel, a Texas psychiatrist who heads Patient Privacy Rights, an advocacy group.

The news of the breach comes at a time when there is more emphasis - and billions of dollars in federal funding - to develop protocols for electronic medical records, with information being shared among providers, insurers, and consumers.

Paul Stephens, director of policy for the Privacy Rights Clearinghouse, said that data breaches in the finance and retail sectors tended to involve more people, but that health data are very sensitive and may also contain payment information.

"Our research shows that the healthcare industry is struggling to protect sensitive medical information, putting patients at risk of medical identity fraud and costing hospitals and other healthcare services companies millions in annual breach-related costs," said Dr. Larry Ponemon, chairman and founder, Ponemon Institute.  "At this point one would hope to see that healthcare organizations have improved information security practices and come into compliance with HITECH, now that it's been more than one year since it was enacted.  Instead we found enormous vulnerabilities.  The protection of patient data should be at the forefront of their efforts."

ey findings of the research: Data breaches are costing the healthcare system billions.  The total economic burden created by data breaches on the healthcare industry is nearly $6 billion annually.  The impact of a data breach over a two-year period is approximately $2 million per organization and the lifetime value of a lost patient is $107,580.  The average organization had 2.4 data breach incidents over the past two years.  Major factors causing data breaches are unintentional employee action, lost or stolen computing devices and third-party error.Healthcare organizations are not protecting patient data.  Organizations have little or no confidence in their ability to appropriately secure patient records (58 percent).  Healthcare organizations have inadequate resources (71 percent) and insufficient policies and procedures in place (69 percent) to prevent and quickly detect patient data loss.Protecting patient data is not a priority.  Seventy percent of hospitals stated that protecting patient data is not a top priority.  Patient billing (35 percent) and medical records (26 percent) are the most susceptible to data loss or theft.  A majority of organizations have less than two staff dedicated to data protection management (67 percent).HITECH has exposed the healthcare industry's lax data protection practices rather than improved the safety of patient records.  The majority (71 percent) of respondents do not believe the HITECH Act regulations have significantly changed the management practices of patient records.  The findings indicate that there is a significant number of data breaches that go undetected, and therefore unreported.

"We talk with healthcare compliance people dealing with data breach risks every day and they just can't get their arms around the problem of data exposure," said Rick Kam, president and co-founder of ID Experts.  "Unfortunately, in healthcare organizations, patient revenue trumps risk management."

CSC (NYSE: CSC) announced today that the State of California awarded the company a contract to migrate its current multiple e-mail applications to a cloud-based solution with Microsoft Business Productivity Online Suite (BPOS)

Work under this contract will support Governor Schwarzenegger's executive order and the state's efforts to improve information technology (IT) infrastructure, increase government efficiency, save costs and consolidate IT functions under the Office of the State Chief Information Officer.

“This is part of our efforts to consolidate and standardize information technology infrastructure to reduce costs and enhance productivity,” stated Teri Takai, chief information officer of the State of California

"Three-fourths of businesses are deleting files, reformatting or destroying drives, or 'do not know' how they are erasing sensitive data. Deleting files from a hard drive only marks the files to be rewritten, which may never occur. Furthermore, reformatting the drive only removes the entries in the index or table of contents that point to the data. And, physically destroying a drive is not a guaranteed method of protection, as Kroll Ontrack has been recovering data from severely damaged drives, such as the Columbia space shuttle, for more than 25 years.

"Surveying more than 1,500 participants from 12 countries across North America, Europe and Asia Pacific regarding their data wiping practices also revealed that four in 10 businesses gave away their used hard drive to another individual and 22 percent do not know what happened to their old computer.

Only 19 percent of businesses deploy data eraser software and fewer, 6 percent, use a degausser to erase media. When asked if and how businesses verify their data has been deleted, very few (16 percent) reported relying on a product or service report to confirm all of their data had been wiped.

“United States defense-related technologies and information are under attack: each day, every hour, and from multiple sources. The attack is pervasive, relentless, and unfortunately, at times successful,” writes Kathleen Watson, director of DSS. “As a result, the United States’ technical lead, competitive edge, and strategic military advantage are at risk; and our national security interests could be compromised.”

Attempts to gather intelligence information were traced to over half of the countries in the world. After East Asia and the Pacific, the Near East and Europe and Eurasia were of greatest counterintelligence concern. Despite their overall decline, “European and Eurasian cyber actors remain some of the most active targeters of United States technology.”

“Facilitated by ever increasing world wide connectivity, the ease of inundating industry with overt email requests and webpage submissions made direct requests a premier vehicle for solicitation and/or collection,” the report states. “While not all direct requests for information or services represent organized collection attempts, exploitation of this medium provides collectors an efficient, low-cost, high-gain opportunity to acquire classified or restricted information.”

As of April 2010, only about 7% of small-business owners were using cloud services, but that number is expected to grow to more than 10% by mid-2011, according to a survey by technology-research firm IDC.

Half of small firms that use "the cloud" say it has improved their bottom line, according to a survey this fall by Microsoft Corp., which provides cloud services.

A number of surveys show that some business owners are hesitant to try cloud computing because they don't want to stray from familiar systems or invest in new ones. Some owners that have made the switch, however, say it has been a boon to their cash-strapped firms.

The Massachusetts law applies not only to businesses in the state but to any company that keeps personal data on the state's residents. George examines two parts of the law that are particularly notable because they require action to avoid breaches--not just notify victims after the fact.

Businesses are required to have a working information security program for protecting personally identifiable information, and they must submit a written information security program to the state. They also must encrypt data in motion and at rest, including information on portable devices such as USB drives, laptop computers and smartphones.

A second complicated--and evolving--area of compliance is e-discovery, which is the process of handing over electronically stored information requested during a lawsuit.

Growing scrutiny of cloud computing security in the first half of this year is not surprising in light of the numerous data breaches, privacy issues and headline grabbing cloud outages that have occurred recently

The 26-page survey report returned a stunning conclusion – though one not surprising to those familiar with legal contracting for cloud computing; namely that a majority of cloud providers do not believe data security is their responsibility - but the customer’s.