We received a proposed data breach bill (available here) recently circulated in Salem. This draft is a variant of Oregon House Bill 2581 that died in committee. That bill would have required, among other things, merchants impacted by security breaches to notify issuing banks of all the credit cards subject to the breach.

Compared to HB 2581, the new version makes the following changes:

  • it no longer seeks to impose liability to financial institutions under ORS 646A.604;
  • it does not amend ORS 646A.622, which would have required development of safeguards compliant with security standards of the Department of Consumer and Business Services; and
  • it adds the following language qualifying the reporting requirement: “The person shall notify the financial institution in the most expeditious manner possible, without unreasonable delay, consistent with the legitimate needs of law enforcement described in subsection (3) of this section and consistent with any measures that are necessary to determine sufficient contact information for the affected financial institution, determine the scope of the breach of security and restore the reasonable integrity, security and confidentiality of the personal information.”

We’ll keep you posted on further developments with this legislation.

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Rob Teel protects your intellectual property and helps you avoid infringing IP of others. For example, he will advise you on whether to protect your invention by patent and, when appropriate, he will help you develop commercially meaningful U.S. and foreign patent protection…

Rob Teel protects your intellectual property and helps you avoid infringing IP of others. For example, he will advise you on whether to protect your invention by patent and, when appropriate, he will help you develop commercially meaningful U.S. and foreign patent protection strategies. And once Rob secures a patent, he will assist in your efforts to monetize, defend, and enforce it. Should you become concerned about patent infringement, then Rob can advise you on that too—he is an experienced electrical engineer and can show you how to creatively exploit flaws in complex patents that might otherwise frustrate your business objectives. If he finds flaws indicating a patent was improperly granted, then he will provide solutions for invalidating that patent in, e.g., inter partes proceedings before the Patent Trial and Appeal Board of the United States Patent and Trademark Office or litigation before federal courts. He also applies his technical, business, and legal skills in resolving your licensing matters, with a particular emphasis on software and patent licensing. In general, his practice includes U.S. and foreign patent procurement, worldwide patent-portfolio management, patent opinions, product clearance and freedom-to-operate assessments, IP licensing, IP due diligence and transfers, and patent litigation.

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Contracts, laws and regulations require privacy compliance, and good business practices demand it. This blog is designed to inform our clients and readers about developing privacy issues and regulatory updates, and provide alerts on cyber security stories and data breaches that impact various data privacy and security requirements.