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If your database has Mass. residents, you need a security plan per Massachusetts

sqlmag.com

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Re: If your database has Mass. residents, you need a security plan per Massachusetts

#2
I do like the idea of encrypting user names across the wire, but "to maintain a Written Information Security Plan (WISP) and file it with the state of Massachusetts" goes way too far, imho. I am not a lawyer nor a database geek, so perhaps your take will differ...

UPDATE: "Massachusetts does not require that written information security programs be filed at this time, just that they exist," according to a second article, http://www.informationweek.com/news/security/government/show... . That is alot better.

Re: If your database has Mass. residents, you need a security plan per Massachusetts

#3
Ummm, what's the legal theory that allows a US state to regulate out of state commerce like this?

On the other hand, I wouldn't want to be a web company based in Massachusetts and this might have more than a small effect on the Boston area's attractiveness to many startups.

Re: If your database has Mass. residents, you need a security plan per Massachusetts

#4
The title itself is a little FUD-ish.

According to this link: http://www.leapfile.com/MA-201-CMR-17 , it only applies to the following subset of data:

--snip-- According to the definitions in 201 CMR 17.02, personal information is a Massachusetts resident’s first name or first initial and last name IN COMBINATION with any one of more of the following data related to the person: social security number, driver’s license number or state-issued identification card number, financial account number, credit or debit card number with or without any required security or access code or password that would permit access to financial information. --snip--

Re: If your database has Mass. residents, you need a security plan per Massachusetts

#5
post #3

Ummm, what's the legal theory that allows a US state to regulate out of state commerce like this? On the other hand, I wouldn't want to be a web company based in Massachusetts and this might have more than a small effect on the Boston area's attractiveness to many startups.

The big thing with regulation of commerce is that a state can't do it in a way that favors in-state merchants over out-of-state merchants. This law appears to treat in-state and out-of-state merchants equally, so might be OK as for as regulation of interstate commerce law is concerned. (And it might not--this is a tricky area of law).

Re: If your database has Mass. residents, you need a security plan per Massachusetts

#6
post #4

The title itself is a little FUD-ish. According to this link: http://www.leapfile.com/MA-201-CMR-17 , it only applies to the following subset of data: --snip-- According to the definitions in 201 CMR 17.02, personal information is a Massachusetts resident’s first name or first initial and last name IN COMBINATION with any one of more of the following data related to the person: social security number, driver’s licens…

Well - that's enough to make it relevant whenever there's a card transaction... that's going to affect a lot of people.

This however "and perhaps the rest of the world" is complete FUD - noone outside of US cares about US state laws (unless you have some branch there of course - but then you already know you have a lot more paperwork to do).

Re: If your database has Mass. residents, you need a security plan per Massachusetts

#7
post #6
post #4

The title itself is a little FUD-ish. According to this link: http://www.leapfile.com/MA-201-CMR-17 , it only applies to the following subset of data: --snip-- According to the definitions in 201 CMR 17.02, personal information is a Massachusetts resident’s first name or first initial and last name IN COMBINATION with any one of more of the following data related to the person: social security number, driver’s licens…

Well - that's enough to make it relevant whenever there's a card transaction... that's going to affect a lot of people. This however "and perhaps the rest of the world" is complete FUD - noone outside of US cares about US state laws (unless you have some branch there of course - but then you already know you have a lot more paperwork to do).

There's no need to store any of those things in your database in order to allow card transactions.

Re: If your database has Mass. residents, you need a security plan per Massachusetts

#8
post #6
post #4

The title itself is a little FUD-ish. According to this link: http://www.leapfile.com/MA-201-CMR-17 , it only applies to the following subset of data: --snip-- According to the definitions in 201 CMR 17.02, personal information is a Massachusetts resident’s first name or first initial and last name IN COMBINATION with any one of more of the following data related to the person: social security number, driver’s licens…

Well - that's enough to make it relevant whenever there's a card transaction... that's going to affect a lot of people. This however "and perhaps the rest of the world" is complete FUD - noone outside of US cares about US state laws (unless you have some branch there of course - but then you already know you have a lot more paperwork to do).

For more sensitive information, such as those elements listed, it's more common sense that you'd encrypt that data and have a security policy, regardless of what state in which the people in your database reside.

The title of this article so broad it implies that if you simply had a contact database (with no sensitive information) containing Mass residents that you'd have to file a security policy and encrypt every piece of information.

Re: If your database has Mass. residents, you need a security plan per Massachusetts

#9
post #7
post #6

Earlier quoted context omitted.

Well - that's enough to make it relevant whenever there's a card transaction... that's going to affect a lot of people. This however "and perhaps the rest of the world" is complete FUD - noone outside of US cares about US state laws (unless you have some branch there of course - but then you already know you have a lot more paperwork to do).

There's no need to store any of those things in your database in order to allow card transactions.

Unless I misunderstood this, it affects you even if you only transfer the information to a 3rd party:

17.04: Every person that owns or licenses personal information about a resident of the Commonwealth and electronically stores or transmits such information...

Also many online shops allow you to save the info in case you want to reuse it in the future.

Re: If your database has Mass. residents, you need a security plan per Massachusetts

#10
post #9
post #7

Earlier quoted context omitted.

There's no need to store any of those things in your database in order to allow card transactions.

Unless I misunderstood this, it affects you even if you only transfer the information to a 3rd party: 17.04: Every person that owns or licenses personal information about a resident of the Commonwealth and electronically stores or transmits such information... Also many online shops allow you to save the info in case you want to reuse it in the future.

If you're not storing the information, presumably you don't need to encrypt the data that you're not storing. You do need to encrypt it while transferring it (i.e. use https instead of http), but if you don't do this already, shame on you!

Similarly, if you're storing credit card numbers in plaintext in a database, shame on you! That's worse than storing plain-text passwords.

I think the worst parts of this law are the "you have to file with the Massachusetts government" aspects. The technical stuff is basically common-sense data security that everyone should already be doing.

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