Privacy & Compliance >> Better Safe Than Sorry

  • By Kent Wada
  • 01/31/05

Here’s what’s happening with privacy and compliance legislation—and why it’s in your institution’s best interest to keep up.

Two thousand. 145,000. 380,000. 600,000. What do these numbers have in common? Each number relates to a security breach within the past year in which a computer holding sensitive personal information in California was compromised. The numbers represent the number of people whose personal data had been potentially compromised in each incident. Though these are only a sampling of such incidents, together they put more than a million people at a higher risk of identity theft, at least potentially. How could this be allowed to happen? Why aren’t companies keeping data secure? [Photo] Sun Chairman Scott McNealy delivers his famous 'Get over it' speech in '99,and the battle for sticter privacy legislation is on.

These are the questions that typically come to mind when a letter arrives notifying a computer user that his data may have been compromised due to a computer security breach. No doubt, the recipient of that notice also experiences the fear that an unscrupulous person may now be stealing his identity [see “The Power of Who,” January issue, www.campus-technology.com/authentication], not to mention the accompanying anger with those responsible for allowing the privacy debacle to happen in the first place. It’s a natural reaction: Identity theft is now the fastest-growing crime in the nation, and the damages to credit and reputation can take months or years to clean up. So why is more care not being taken to protect privacy?

Motivating disclosure. The truth is, a lot of care is being taken to protect personal data, by organizations that collect it for one reason or another. Colleges and universities are no exception: We do take great care to protect personal data we are responsible for, whether it is social security numbers during registration for classes, or credit card data for purchases at the bookstore. Nevertheless, most of the incidents referred to previously were computer security breaches that occurred anyway, at institutions of higher education in California. We know about these breaches because they eventually made it to the media, and importantly, that’s because a new law in this state requires disclosure of security breaches of computers containing personal information of California residents. Notifying people whose personal information may have been compromised helps to alert them to the possibility of identity theft.

Sen. Feinstein (D-CA) pushes for federalizationi of privacy breach notification.

But organizations responsible for disclosing breaches of personal information in California now have new reasons to do this well: If they do, they may avoid remediation costs and negative media attention. And in the future, these same incentives for action may spread nationwide, as the principles of this legislation form the basis of a federal counterpart (S. 1350) being proposed by Senator Diane Feinstein (D-CA). Yet, this is only one of the new reasons colleges and universities have to concern themselves with protecting privacy.

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