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I’m attaching some info on the agency I work for. I work remot.docx
- 1. I’m attaching some info on the agency I work for. I work remotely at New Heights Middle School in Jefferson SC as a behavioral health counselor. I have a LMSW; I provide counseling services to kids from age 12-14. I was drawn to this agency due to my desire to work with kids. My prior job was at palmetto pee dee behavioral health. The kids there had mostly conduct disorders. At CareSouth I can focus a lot on actual counseling and less case management. They also pay for ceus and provide clinical supervision. My self-care that I practice is just doing something nice for myself once a week. Because sometimes you give so much of yourself to others you will forget about you. State Laws Protecting Citizen Information and Breach Notification Laws ISOL633 - Legal Regulations, Compliance, and Investigation
- 2. Learning Objective Describe state legal compliance laws addressing public and private institutions. Key Concepts State regulation of privacy and information security State data breach notification State encryption regulations State data disposal regulations History of state privacy protection laws DISCOVER: CONCEPTS California Notification Law California Database Security Breach Notification Act First breach notification law Enacted on July 1, 2003 Purpose to give California residents timely information to protect themselves Serves as model for other states California Notification Law
- 3. Anyone who owns or uses computerized data containing unencrypted personal information Anyone who owns or uses computerized data containing unencrypted personal information 7/1/2018 6 Who Must Comply? State agencies Private organiza-tions Business Any entity storing info on California residents Nonprofit organiza-tions
- 4. Data Breach Notification Laws Requirements to inform customers of a data breach Civil and/or criminal penalties for failure to disclose Private right of action Exemptions from reporting DISCOVER: PROCESS Personal Information - Defined The general definition of “personal Information” is: Both the Individual’s first name/initial and last name And one or more of Social Security Number Driver’s License / State ID Number Financial Account/Credit/Debit number AND the PIN/code/password to access it Does not include publicly available information legally obtainable by general public from governmental records. Check out this PDF from Baker & Hostetler, LLP for a nice chart documenting where personal information is wider than the general definition. Breach Notification Decision Making If breach occurred or may have occurred and Computer system contains personal information Personal information was encrypted No notification required
- 5. Breach Notification Decision Making If breach occurred or may have occurred and Computer system contains personal information Personal information was not encrypted Individuals must receive notice of security breach DISCOVER: ROLES Roles Chief Information Security Officer Manages investigations of possible breaches Legal Counsel Handles all legal issues associated compromise of protected data Office of Public Affairs Directs all internal and external communication Manages media relations Maintains contact with law enforcement. Human Resources Advises on personnel issues and communications States vary on what is covered
- 6. Encryption Regulations Massachusetts “Standards for the Protection of Personal Information of Residents of the Commonwealth” Nevada Data collectors must use encryption when transmitting personal information outside of their business network Encryption as a Safe Harbor Tennessee In 2016, the language providing encryption as a safe harbor was removed. In 2017, the encryption as a safe harbor was reinstated so long as the information’s encryption key isn’t acquired by an unauthorized person Data-Specific Security and Privacy Regulations Minnesota and Nevada Require businesses to comply with Payment Card Industry standards Indiana Limits SSN use and disclosure Data Disposal Regulations Washington Health and financial data must be destroyed when no longer
- 7. needed Law applies to any person or entity in the state New York No person or business may dispose of a record containing “personal identifying information” without shredding, destroying, or modifying it Examples of Breaches ChoicePoint Data Breach ChoicePoint was a data broker Databases contained public information and names, addresses, Social Security numbers, credit history, DNA information Breach in late 2004; disclosed in February 2005, notified California residents ChoicePoint data breach spurred creation of data breach notification laws in many states Equifax Data Breach Equifax is a consumer credit reporting agency Databases contained public information and names, addresses, Social Security numbers, credit card numbers, driver’s license numbers, credit dispute information, etc. Breach in early 2017; discovered in late July, disclosed on September 7, 2017 – 143M US/0.4 -44M British/8K Canadian consumers October 2, 2017 – Added 2.5M more US consumers
- 8. October 10, 2017 – 15.2M UK consumers PII, 11M US drivers licenses Feb 11, 2018 – US consumer included DoB, Card expiration dates, and email addresses Summary State regulation of privacy and information security Data breach notification Correction: All states now have data breach notification laws. States are now starting to pass laws governing data brokers like Equifax Some states are even starting to pass laws that mirror portions of the GDPR. (California pass a law in June that gives consumers the right to: Request all the data that a company has on them Request data on them be erased (the right to be forgotten) Intellectual Property Law ISOL633 - Legal Regulations, Compliance, and Investigation Learning Objective Analyze intellectual property laws.
- 9. Key Concepts The Importance of protecting intellectual property Legal ownership and its protection Patents Trademarks Copyright Intellectual Property (IP) Almost all information now available in electronic form Incredibly easy to “copy and paste” information Common to share copyrighted music, movies, and books Potential violations of intellectual property Need to understand intellectual property and how it is classified Patents Grant of a property right to the inventor Issued by the Patent and Trademark Office Term of a new patent is 20 years from the date the patent was granted U.S. patent grants are effective only within the U.S. The right to exclude others from making, using, offering for sale, selling, or importing the invention into the United States Kinds of Patents Utility (20 years) – Creation or improvement of something useful
- 10. Machines – instrument or tool with moving parts that completes a task. Manufactured products – A product without a moving part. Processes – A method or series of steps to accomplish a goal. Compositions of matter – Chemical compound, drugs, etc. Plant (20 years) – New (hybridized) plants Design (14 years) – New ornamental designs What is Patentable? To be patentable, the following three descriptions must be true: Novel – This means it must be new. It cannot have existed before. Useful – The item must be useful to society and must work. Non-obvious – This is the hardest test. It must not be too similar to prior art, and must not be something that an average person using the related technology would not have invented. Miscellaneous Patent Topics The major patent organizations are: USPTO – US Patent and Trademark Office WIPO – World Intellectual Patent Organization EPO – European Patent Office Japio – Japan Patent Information Organization Not all countries honor patents the same way. There is no need to register your patents in these countries. Patent Fees must be paid during the life of the patent, or the patent will lapse.
- 11. Trade Secrets Confidential business information which provides a business with a competitive edge Encompass manufacturing or industrial secrets and commercial secrets Involve information that is not generally known and is subject to a reasonable effort to keep it confidential Protection for trade secrets does not expire Unauthorized use of confidential business information by persons other than the holder is regarded as an unfair practice and is a violation of the trade secret Trade Secret Categories Sales methods Distribution methods Consumer profiles Trade Secret Categories (Cont.)
- 12. Advertising strategies Lists of suppliers and clients Manufacturing processes Trade Secrets Unlike patents and trademarks, trade secrets are not registered with a governmental office. A non-profit group, the Uniform Law Commission, created the Uniform Trade Secrets Act, which is widely accepted by the US states. Examples: The formula for Coca-Cola, the secret recipe for KFC chicken, the “mixing instructions” for CPG (Consumer Public Good) products like Tide, the temperature and tooling for creating an item. Trademarks and Servicemarks A trademark is a word, name, symbol or device which is used in
- 13. trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the Patent and Trademark Office 3/18/2018 13 Trademark Word, name, symbol, or device that indicates source of product and distinguishes that product from others Servicemark Same as trademark but identifies and distinguishes service rather than a product
- 14. Trademark Topics Trademarks are generally valid for 10 years per registration. If you register a trademark, you need to start using it within 6 months The two general cases for trademark litigation are: Likely to cause confusion, or to cause mistake, or to deceive Plaintiff owns a valid trademark Defendant uses similar trademark The defendant’s use of the similar trademark is likely to cause confusion Trademark dilution There is no confusion by the use of the trademark, but The value of the trademark is lessened by the defendant’s use What Is a Copyright? Copyright is a form of protection provided by the laws of the United States Granted to the authors of "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works Copyright is secured automatically when the work is created A work is "created" when it is fixed in a copy or phonorecord for the first time Copyright Creation A work that is created on or after January 1, 1978, is automatically protected from the moment of its creation Protection is available to both published and unpublished works
- 15. Copyright Term Author’s life 70 years after death Copyright term Rights of Copyright Holders Section 106 of the 1976 Copyright Act generally gives the owner of the copyright the exclusive right to do and to authorize others to do the following: Reproduce the copyrighted work Prepare derivative works based upon the copyrighted work Distribute copies of the copyrighted work to the public May also:
- 16. Perform the work publicly Display the work publicly Perform the work publicly by means of a digital audio transmission 3/18/2018 18 Reproduce Prepare derivatives Distribute/ Perform/ Display What Is Fair Use? Important limitation to copyright Purposes for which the reproduction may be considered fair: Criticism Comment News reporting
- 17. Teaching Scholarship Research Determining Fair Use Four factors to be considered in determining fair use Purpose and character of the use Nature of the copyrighted work Amount and significance of the portion Effect of the use upon the potential market 3/18/2018 20 Purpose and character of the use Nature of the copyrighted work Amount and significance of the portion Effect of the use upon the potential market
- 18. Fair Use Affects Owner’s Rights Distinction between fair use and infringement may be unclear and not easily defined Acknowledging the source of the copyrighted material does not substitute for obtaining permission Digital Millennium Copyright Act (DMCA)
- 19. Title I Title II Title III Title IV Title V Summary Protecting intellectual property Legal ownership Patents Trademarks Copyright Trade Secrets