Government poised to profit from data leaks

I just returned from a business trip to Miami, Florida. When I arrived I noticed there were an unusually high number of speed traps around the speed trapcity. I was speaking with one of our clients who lives in the Miami area and she mentioned that the local and state police were no longer giving anyone the usual 9 MPH buffer before they would give you a ticket. She went on to explain that there was a recent news article that focused on how the government was clamping down on everything so they can generate more revenue from existing and new laws.

So I immediately began to think about the new Data Breach laws that are now going into effect throughout the United States. Florida enacted their Data Breach notification law in 2009.

The law states: “Any person who conducts business in this state and maintains computerized data in a system that includes personal information shall provide notice of any breach of the security of the system, following a determination of the breach, to any resident of this state whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person.”

Failure to follow the letter of the law will cost the following:

Any person required to make notification under paragraph (a) who fails to do so within 45 days following the determination of a breach or receipt of notice from law enforcement as provided in subsection (3) is liable for an administrative fine not to exceed $500,000, as follows:

In the amount of $1,000 for each day the breach goes undisclosed for up to 30 days and, thereafter, $50,000 for each 30-day period or portion thereof for up to 180 days.

Don’t be lulled into a false sense of “it won’t happen to us”. The government is desperate for revenue and wants to show the public that they are looking after your best interest. Make sure that your data and files are only accessible to those with proper authority.

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