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  • The Virginia Consumer Data Protection Act (VCDPA) will be the second strongest privacy law in the U.S., modeled after California privacy laws. It is scheduled to take effect on January 1, 2023. 
  • The VCDPA is not limited to people who live in Virginia. It applies to any businesses that collect the data of at least 100,000 Virginia residents during a calendar year, or at least 25,000 Virginia residents, and derives more than 50 percent of its gross revenue from the sale of personal information. 
  • Under the VCDPA, consumers will have the right to access personal data that businesses collect about them, correct inaccuracies in the data, request personal data be deleted in certain exceptions, and opt-in to the use of personal data and opt-out of the sale of personal data in certain circumstances. 
  • For information about recent data breaches, consumers and businesses should visit the Identity Theft Resource Center’s (ITRC) new data breach tracking tool, notified.   
  • For more information, or if someone believes they are the victim of identity theft, consumers can contact the ITRC toll-free at 888.400.5530 or via live-chat on the company website www.idtheftcenter.org.  

Welcome to the Identity Theft Resource Center’s (ITRC) Weekly Breach Breakdown for February 26, 2021. Each week, we look at the most recent and interesting events and trends related to data security and privacy. Last week we talked about significant privacy changes being driven by a private company – specifically, Apple through an update in the operating system for iPhones. This week we focus on state laws that are fundamentally changing the legal and regulatory landscape across the country.

Some people of a certain age probably remember the School House Rock cartoons that, among other things, taught us about the functions of conjunctions. However, more memorably, about how laws are made. The short cartoon from 1975 gives us the title of today’s episode – “I’m just a bill…sitting here on Capitol Hill.”

New Virginia Privacy Law: “Virginia Consumer Data Protection Act (VCDPA)”

By the time people listen to the podcast or read the transcript, Governor Ralph Northam of Virginia is likely to have already signed the second strongest privacy law in the country, the Virginia Consumer Data Protection Act or VCDPA. Modeled after groundbreaking California privacy laws, the Virginia Consumer Data Protection Act adds new rights for Virginia residents and obligations for businesses that collect information about people who live in the Old Dominion.

However, VCDPA is not limited to businesses based in Virginia. Like the California Consumer Privacy Act (CCPA) and the European Union’s privacy law (GDPR) before that, the VCDPA applies to any business anywhere in the world if it:

  1. Collects the personal data of at least 100,000 Virginia residents during a calendar year; or
  2. Collects the personal data of at least 25,000 Virginia residents and derives more than 50 percent of its gross revenue from the sale of personal information.

Non-profits, government agencies, and colleges and universities are exempt, along with a few institutions regulated by certain federal privacy laws.

Under the Virginia Consumer Data Protection Act, consumers will have the right to:

  • Access personal data that a business collects and uses about them;
  • Correct inaccuracies in that data;
  • Request that personal data be deleted subject to certain exceptions;
  • Opt-in to the use of sensitive data in certain circumstances, with sensitive information being personal attributes like race or sexual orientation, biometric information, children’s information, and location data.
  • Opt-out of the sale of personal information and certain automated processes based on personal data. The VCDPA also requires businesses to let individuals opt-out of the sale of personal data to third parties as well as “targeted advertising.”

When the Virginia Consumer Data Protection Act Will Take Effect

Businesses will have until January 1, 2023 – when the VCDPA goes into effect – to get ready to comply with the law, the same day California’s updated privacy law, the California Privacy Rights Act (CPRA), becomes effective. Unlike the California law, the enforcement of the Virginia law will be the exclusive jurisdiction of the state attorney general – no individual consumer lawsuits are allowed for now.

Other Privacy Laws in the Works

The January 1, 2023 date could be crowded with new state privacy laws. There are currently ten other states considering similar privacy and cybersecurity laws and two that have established study commissions that will be required to report back to their state lawmakers by 2022.

The Possibility of a Federal Privacy Law

What about a federal privacy law passed by Congress that applies uniformly across the country? Even with a new Congress, many of the same roadblocks remain from past Congresses. One side wants state laws to be overruled, and the other side wants a federal law to be a floor, not a ceiling for the states. There is also the unanswered question about the ability of individuals to file lawsuits over violations of privacy.

Contact the ITRC

If anyone has questions about how to keep their personal information private and how to protect it, they can visit www.idtheftcenter.org, where they will find helpful tips on these and many other topics.

If someone thinks they have been the victim of an identity crime or a data breach and needs help figuring out what to do next, they should contact us. People can speak with an expert advisor on the phone, chat live on the web, or exchange emails during our normal business hours (6 a.m.-5 p.m. PST). Visit www.idtheftcenter.org to get started.

Be sure to check out the most recent episode of our sister podcast, The Fraudian Slip. We will be back next week with another episode of the Weekly Breach Breakdown.

  • Vertafore, a Denver based insurance tech company, discovered three files containing driver-related information were posted to an unsecured online storage service. The files included data from before February 2019 on nearly 28 million Texas drivers.
  • The files included lienholder information, drivers’ license numbers, names, dates of birth, addresses and vehicle registration histories.
  • Failing to secure a cloud database is tied with ransomware as the most common cause of data compromise, according to IBM. The ITRC’s own data breach information corroborates the findings.
  • Consumers impacted by the Vertafore data compromise need to follow the advice given by Vertafore and the Texas Department of Public Safety. Vertafore is offering one year of free credit monitoring and identity restoration services.
  • For more information on the Texas driver’s records exposed, contact the Identity Theft Resource Center toll-free at 888.400.5530 or live-chat on the company website.
  • For the latest on data breaches, visit the ITRC’s data breach tracking tool notifiedTM.

Subscribe to the Weekly Breach Breakdown Podcast

Every week the Identity Theft Resource Center (ITRC) looks at some of the top data compromises from the previous week and other relevant privacy and cybersecurity news in our Weekly Breach Breakdown Podcast. This week, we will discuss the Vertafore data compromise that exposed personal information to the risk of being stolen by a cybercriminal by not installing security on a cloud storage service.

What We Know

There is one thing that almost everyone carries in their pocket – their driver’s license. Without a driver’s license, people can’t legally drive or show proof of age or identity. It is one of the most important forms of identification a person needs in the U.S. That is why a recent event that led to Texas driver’s records exposed has millions of people worried about how it could affect them.

Vertafore, a Denver based insurance tech company, discovered that three files containing driver-related information were moved to an unsecured online storage service. In other words, it was moved to a third-party cloud database with no security. The files included data before February 2019 on nearly 28 million Texas drivers. The files included lienholder information, drivers’ license numbers, names, dates of birth, addresses and vehicle registration histories.

In a statement announcing that Texas driver’s records were exposed, Vertafore says there is no evidence of information misuse. However, the company acknowledges that there is evidence an unknown and unauthorized party accessed the information. Other Vertafore data – including partner, vendor or additional supplier information – and systems remain unimpacted. No Vertafore systems were found to include known software vulnerabilities, and Vertafore immediately secured the suspect files.

Investigators hired by the company believe the unauthorized access to the data occurred between March 11 and August 1 of 2020. The files supported one of Vertafore’s products that helps insurance companies determine insurance policy costs. The files did not contain Social Security numbers or financial information about consumers. Vertafore is offering one year of free credit monitoring and identity restoration services.

Cloud Databases Continue to be Left Unsecured

Unfortunately, this kind of event is far too common. On last week’s podcast, we highlighted another company that left a cloud database unsecured, leading to nearly ten million people’s travel accounts being available online.

Failing to secure a cloud database is tied with ransomware as the most common cause of data compromise, according to IBM. The ITRC’s own data breach information corroborates the findings. Most of the time, there is no evidence data thieves removed or copied the data – meaning the risk of misuse is relatively low. However, it is not zero. It is why consumers impacted by the Vertafore data compromise need to follow the advice given by Vertafore and the Texas Department of Public Safety.

How the Data Ends Up in the Hands of a Private Company

The event that led to Texas driver’s records exposed has prompted consumers to ask questions about how their driver’s license and related data ends up in the hands of a private company. That is not an uncommon question when data breaches, compromises and exposures involve businesses that victims have never heard of – and did not give permission for their data to be shared.

While the answer to the question varies from state to state, the response is almost always some version of “it’s legal.” Also, consumers rarely have the opportunity to “opt-in” or “opt-out” of the sale or sharing of information like driver’s license data by the government.

In response to questions about the Vertafore compromise, the State of Texas issued a statement about the use of driver’s data:

“Texas law permits, and at times requires, the release to authorized parties of driver license and vehicle registration information.”

In the case of Vertafore, the permitted use involves ensuring companies have the data they need to appropriately price insurance premiums for drivers.

Even the nation’s toughest privacy law, the California Consumer Privacy Act (CCPA), allows personal information from government agencies to be sold and shared for certain purposes without the consumers’ consent. Generally, consumers cannot opt-out of these uses if they are designed to prevent fraud or are used to verify someone’s identity.

notifiedTM  

For information about recent data breaches, consumers and businesses should visit the ITRC’s new data breach tracking tool, notifiedTM. It is updated daily and free to consumers. Organizations that need comprehensive breach information for business planning or due diligence can access as many as 90 data points through one of the three paid notified subscriptions. Subscriptions help ensure the ITRC’s identity crime services stay free.  

Contact the ITRC

If you have questions about how to protect your information from data breaches and data exposures, or if you want to learn more about the Vertafore data compromise, contact the ITRC. You can speak with an advisor toll-free over the phone (888.400.5530), live-chat on the web, or email itrc@idtheftcenter.org during business hours. Just visit www.idtheftcenter.org to get started. Also, download the free ID Theft Help App to access resources, a case log and much more.  

Join us on our weekly data breach podcast to get the latest perspectives on the last week in breaches. Subscribe to get it delivered on your preferred podcast platform. 

  • Approximately 56 percent of California voters passed The California Privacy Rights Act (CPRA). The law will be the toughest privacy law in the U.S. once it goes into effect in 2023.
  • California residents will have more control over what happens to their personal information when businesses collect it. Consumers from the state can also have information corrected they think is inaccurate.
  • California businesses will be required to update agreements with contractors and sub-contractors that binds them to meet the provisions of the CPRA.
  • For more information on the privacy law, contact the ITRC at no-cost by calling 888.400.5530 or by live-chat on the company website.

California voters went to the polls to decide the fate of the strongest privacy law in the United States. After counting the ballots, Proposition 24 – The California Privacy Rights Act (CPRA) – passed and will go into effect in 2023.

Subscribe to the Weekly Breach Breakdown Podcast

Every week the Identity Theft Resource Center (ITRC) looks at some of the top data compromises from the previous week and other relevant privacy and cybersecurity news in our Weekly Breach Breakdown Podcast. This week, we look at CPRA and what it means for businesses and consumers.

How The California Privacy Rights Act Passed

Approximately 56 percent of California voters approved the privacy law. However, Big Tech and Big Privacy joined forces to oppose the proposal. The initiative was proposed to strengthen the existing state privacy law, The California Consumer Privacy Act (CCPA), in many different ways.

What Consumers Need to Know About The California Privacy Rights Act

There are a few different things for California residents to know about the CPRA:

  1. Since voters approved the CPRA and not the state legislature, it will be more difficult to amend the law in the future. The legislature must submit any proposed changes to the popularly approved law to the voters in a future election. That makes it very difficult to weaken the privacy provisions in the CPRA.
  2. The CPRA gives California residents even more control over what happens to their personal information when a business collects it. The CCPA gives residents the right to access the information companies collect about them and request it be deleted in certain circumstances. It also prohibits the sale of their information for marketing purposes. The CPRA will give consumers rights linked to sharing information – not just selling data to third parties – clarifying one of the most confusing parts of the current privacy law, the CCPA.
  3. The CPRA adds a right to correct any information that a consumer thinks is inaccurate. Californians will now have the right to opt-out of automated decision processes that use their personal information. Also, they will have the right to see how automated decision processes work.
  4. The CPRA creates a new category of personal information that California residents can access and control in certain circumstances, like sharing information with third parties. The new category is known as “sensitive personal information” and includes precise geolocation data, race, religion, sexual orientation, Social Security numbers and certain health information.
  5. Finally, the new privacy law gives consumers the right of data portability, which means someone can tell a company to share their information with another company. It is like when someone changes their mobile phone or insurance companies.

What Businesses Need to Know About The California Privacy Rights Act

Businesses will also have a host of new duties that apply to them:

  1. Companies will have to create data silos, meaning they will have to keep personal information used in marketing separate from other consumer information. Companies, especially smaller ones, are already struggling to meet the existing consumer rights of access, review, deletion and opt-out. The new provision could compound the compliance issues.
  2. The most significant change for businesses will be the requirement that companies update agreements with contractors and sub-contractors that bind them to meet the provisions of the CPRA. In past podcast episodes, the ITRC has talked about data breaches resulting from “supply chain attacks.” That is where a company has good cybersecurity. Still, a third-party vendor ends up breached, and the company’s customer data is exposed. The requirement to update agreements with contractors and sub-contractors is designed to address supply chain attacks and clarify that everyone in the supply chain is responsible for protecting consumer information.
  3. Businesses do get some benefits in the CPRA. Employee and B2B data are exempt from the law until at least 2023, and businesses may be charged fees if consumers opt-out of data collection and sharing. That provision is the reason privacy advocates joined Big Tech companies to oppose the CPRA.

Toughest Privacy Law in the United States

The CPRA will be the toughest privacy law in the U.S. when it goes into full effect in 2023. In the meantime, state officials will propose the regulations needed to implement the new law. In the case of the CPRA, there will also be a new state agency created to enforce the new privacy law. For now, the California Attorney General will continue to enforce the existing law, CCPA.

Privacy Law Passed in Massachusetts

There was another state privacy law recently approved by a vote in Massachusetts. Car owners now have the right to see the information their car is wirelessly sharing with automakers. Approximately 75 percent of voters approved the proposal; carmakers have until 2022 to comply.

notifiedTM 

For information about recent data breaches, consumers and businesses should visit the ITRC’s new data breach tracking tool, notifiedTM. It is updated daily and free to consumers. Organizations that need comprehensive breach information for business planning or due diligence can access as many as 90 data points through one of the three paid notified subscriptions. Subscriptions help ensure the ITRC’s identity crime services stay free.  

Contact the ITRC

If you have a question about The California Privacy Rights Act, data privacy, or if you receive a breach notice and you’d like to know how to protect yourself, contact the ITRC. You can speak with an expert advisor toll-free at 888.400.5530 or by live-chat on the company website. Also, download the free ID Theft Help App to access resources, a case log and much more. 

Join us on our weekly data breach podcast to get the latest perspectives on the last week in breaches. Subscribe to get it delivered on your preferred podcast platform.