DataBreaches.net

DataBreaches.net

The Office of Inadequate Security

Menu
  • Breach Laws
  • About
  • Donate
  • Contact
  • Privacy
  • Transparency Reports
Menu

Is Texas the New Federal Government? Nationwide Breach Notification Law Signed by Governor Perry Suggests So

Posted on September 14, 2011 by Dissent

Jake Sommer writes:

Texas has never been known as a state that loves to regulate and its current governor has made a name for himself by being staunchly anti-regulation, but its recent Texas Security Breach Bill (HB 300), contains a sneaky provision that turns the Texas Attorney General into one of the nation’s most powerful privacy legislators.  HB 300 provides Attorney General Greg Abbott with the power to seek civil penalties against foreign corporations that fail to notify residents of other states of data breaches, as long as they have at least one customer in Texas.

Read more on Law Across the Wire and Into the Cloud.

Now all the residents of Texas need is recourse against their own state, because the state claims that since it cannot be sued for a data breach due to immunity, the state cannot provide its own citizens with state-funded credit protection monitoring in the event of a state agency data breach. Of course, as Jim Harper points out, the state could agreed to be sued, but isn’t this a bit absurd?

So if the Texas AG can seek civil penalties against companies doing business in Texas who don’t notify residents of another state of a data breach because that state doesn’t require notification, maybe some other state will pass a law stating that their state attorney general can seek civil penalties against other states’ agencies that fail to provide sufficient mitigation for breaches if any of those residents affected now reside in their state.

My head is spinning from the possibilities.

Related Posts:

  • Texas Tightens State’s Data Breach Notification Law
  • Texas amends the effects of its data breach law on…
  • Texas AG announces settlement with Cornerstone Fitness
  • New Texas Health Care Privacy Law
  • Texas Passes Bill Establishing “Wall of Shame” for…

Post navigation

← HHS names Rodriguez chief health data privacy enforcer
Troll, Sean Duffy see’s Jail for mocking the deaths of teens →

2 thoughts on “Is Texas the New Federal Government? Nationwide Breach Notification Law Signed by Governor Perry Suggests So”

  1. JJ says:
    September 14, 2011 at 3:32 pm

    “… the state could agreed to be sued, but isn’t this a bit absurd?”

    Not so much. I once filed suit in federal court against the city where I live in. The city showed up in court, answered the charges and when it looked like they were going to lose, they sought a declaration of soverign immunity. The judge ruled that because they had not filed for immunity at the outset, they effectively agreed to be sued. Yes, they lost that suit.

    If you hire less-than-competent-and-less-than-fully-experienced attorneys and you may find yourself agreeing to things you didn’t intend to.

    1. admin says:
      September 14, 2011 at 3:46 pm

      I meant “isn’t it absurd” in the context of having to rely on the state to decide whether people have recourse against their own government if the state agency is a total cock-up on data security. The liability should attach to the collection of data – if you don’t protect it, you should be held accountable.

Comments are closed.

Sponsored or Paid Posts

This site doesn’t accept sponsored posts and doesn’t respond to requests about them.

Have a News Tip?

Email:

Breaches[at]Protonmail.ch
Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Telegram: @DissentDoe

Browse by News Section

Latest Posts

  • The Untold Story of a Massive Hack at HHS in Covid’s Early Days
  • Records reveal new information about Sweetwater Union High School District ransomware incident
  • HHS’ Office for Civil Rights Settles First Ever Phishing Cyber-Attack Investigation
  • Founder and Majority Owner of Cryptocurrency Exchange Pleads Guilty to Unlicensed Money Transmitting
  • Hackers hit Erris water in stance over Israel
  • Data breach by Addenbrooke’s Hospital reveals patient information
  • Millions of patient scans and health records spilling online thanks to decades-old protocol bug
  • Cybersecurity: Federal Agencies Made Progress, but Need to Fully Implement Incident Response Requirements (GAO Report)

Please Donate

If you can, please donate XMR to our Monero wallet because the entities whose breaches we expose are definitely not supporting our work and are generally trying to chill our speech!

Donate- Scan QR Code   Donate!

Social Media

Find me on Infosec.Exchange.

I am also on Telegram @DissentDoe.

RSS

Grab the RSS Feed

Copyright

© 2009 – 2023, DataBreaches.net and DataBreaches LLC. All rights reserved.

HIGH PRAISE, INDEED!

“You translate “Nerd” into understandable “English” — Victor Gevers of GDI Foundation, talking about DataBreaches.net

©2023 DataBreaches.net