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October 3, 2022

2 Legal Requirements for Storing Information

These rights are specific to the law. For example, in certain circumstances, employees have the right to obtain copies of data held by employers. In other circumstances, parents have the right to obtain copies of information collected online from their children under the age of 13. According to hipAA, individuals have the right to request copies of medical information held by a health care provider. In addition, the CCPA grants California residents a right of access to personal information held by a company that relates to that resident. The form of the contract is usually not specified. However, HIPAA is an example of a law with minimum requirements for regulations that must be included in trade partnership agreements. These agreements must include restrictions on use and disclosure and require providers to comply with the hipaa security rule, report violations and report unauthorized use and disclosure, return or destroy protected data, and make their books, records, and practices available to the federal regulator. According to the CCPA, the contract must prevent the service provider from storing, using or disclosing personal data for purposes other than the provision of the services specified in the contract. The Health Information Portability and Accountability Act, as amended (HIPAA) (29 United States) Code § 1181 et seq.) protects information held by a registered business that relates to the state of health, the provision of health services or the payment of health care services that may be associated with an individual. Its Privacy Policy governs the collection and disclosure of such information.

The security policy imposes requirements on the backup of this data. 6.3 On what basis are records/reports made (e.g. by legal entity, by processing purpose, by data category, by system or database)? What is the best way to protect the sensitive personal data you need to keep? It depends on the type of information and how it is stored. The most effective data security plans focus on four key elements: physical security, electronic security, employee training, and the security practices of contractors and service providers. Effective data security starts with evaluating the information you have and identifying who has access to it. Understanding how personal information enters, passes through, and exits your organization, and who has or could have access to it, is critical to assessing security vulnerabilities. You can`t determine the best ways to back up the information until you`ve tracked its flow. Your information security plan should cover the digital copiers used by your business.

A digital copier`s hard drive stores data about documents that it copies, prints, scans, faxes, or sends email. If you do not take steps to protect this data, it can be stolen from the hard drive, either by remote access or by extraction once the drive is removed. PIPEDA sets out the rules governing the collection, use or disclosure of personal data as part of the recognition of individuals` right to privacy with respect to their personal data. It also sets out the rules for organizations to collect, use and disclose personal information. At the federal level, hipaa requires data subjects to report data breaches to data subjects without undue delay and in no case more than 60 days. The notification should include a description of the breach, including: the types of information involved; the steps individuals should take to protect themselves, including who to contact the collected entity for further information; as well as what the relevant company does to investigate the breach, mitigate the damage and prevent further breaches. In the event of violations involving more than 500 residents of a state or jurisdiction, the companies concerned must also provide local press releases in addition to individual communications. Prior express written consent is required under the TCPA before certain marketing texts can be sent to a mobile communication line.

Other federal laws have consent rather than opt-in requirements. For example, in the context of CAN-SPAM, marketing emails – or emails sent for the primary purpose of advertising or promoting a commercial product or service – may be sent to those who do not unsubscribe, provided that the sender is correctly identified, that the subject line and text of the email are not misleading, whether the email contains the sender`s name and address, the email includes a simple and free mechanism to reject future emails, and the sender acknowledges receipt of unsubscribes within 10 days of receipt. Protect your systems by keeping the software up to date and performing regular security checks for your network. Bookmark group websites such as the Open Web Application Security Project, www.owasp.org or the SANS Institute`s The Top Cyber Security Risks (SysAdmin, Audit, Network, Security), www.sans.org/top20 for up-to-date information on the latest threats and bug fixes. And check with your software vendors for patches that fix new vulnerabilities. For more tips on protecting sensitive data, see Getting started with security: A guide for businesses. What is personal data? Better known by the acronym PII, personal information can be defined as data that relates directly or indirectly to an individual and can be used to establish the identity of the individual.2 Examples of PII include customers` names, addresses, phone numbers, social security numbers, and financial account numbers. In the age of technology, the definition of PII continues to expand and can also include information such as IP addresses, MAC addresses, device identifiers, cookies, and even GPS location data. PII does not contain publicly available information that is legally available from federal, state, or local records. Almost every state in the United States has breach notification law, which typically requires private or government agencies to notify individuals of security breaches related to personal data and determine what constitutes a security breach, notification requirements (such as timing and method), and exceptions (such as encrypted information).

In South Africa, the Protection of Personal Information Act 4 of 2013 (most of which were not yet in force as of August 2018) requires the information regulator, the national supervisory authority, to inform data subjects of breaches as soon as possible after discovering the compromise – taking into account the legitimate needs of law enforcement or any action taken, which are reasonably necessary to determine the scope of the compromise and the integrity of the controller`s information system. The notification shall contain sufficient information to enable the data subject to take protective measures against the possible consequences of the data breach, including: The information regulator may require the responsible party to disclose information about the security breach if this would protect potentially affected persons (South Africa Protection of Personal Information Act 4 of 2013, Section 22). Each state has passed data breach notification laws that apply to certain types of personal information about its residents. Even if a company does not have a physical presence in a particular state, it generally must comply with state laws when confronted with unauthorized access to or acquisition of personal data that it collects, stores, transmits, or processes about residents of that state. The types of information subject to these laws vary, with most states defining personal information to include a person`s first or last name and last name, as well as a data point that includes the person`s SSN number, driver`s license or state identification number, financial account number, or payment card information. If you need to retain information for business reasons or to comply with the law, develop a written record-keeping policy to determine what information should be retained, how to back it up, how long it should be retained, and how to dispose of it securely when you no longer need it. Also keep in mind that there are very expensive GDPR penalties. For example, a company could be forced to pay a whopping $23.5 million fine, or 4% of global sales. If you are not sure whether you will withstand all the demands or such a fine, this factor can make your job much more difficult. Today, there is even a debate about the number of principles of the GDPR: five, seven or eight. However, since some versions have simply combined several principles into one, we will always look at eight main principles regarding the legal requirements for data retention and management.