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Serious Threat? More on Data Breach Bills

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  • Peter Psarouthakis
    ISPLA has been working on a number of security breach bills, several which are identical to those we have helped defeat in the past. We have extensively
    Message 1 of 1 , Jun 3, 2011
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      ISPLA has been working on a number of security breach bills, several which
      are identical to those we have helped defeat in the past. We have
      extensively reported on details about each and will continue to monitor
      them.

      As you may know, ISPLA met with the staff of the sponsors of the bills in
      April in DC. There are concerns by some colleagues that the language
      defining "information broker" is the greatest threat to our industry since
      hearing years back that the FCRA was not intended to restrict workplace
      investigations. However, even before our industry's lobbying efforts that
      resulted in a successful amending of the FCRA relative to third-party
      workplace investigations, two federal district court decisions had ruled in
      favor of the investigators. The court decisions thus protected the majority
      of investigators that might handle such cases provided that their practice
      was not limited solely to that type of case.

      The message recently conveyed by a another professional association has
      been viewed by some of our colleagues as just one more example of "crying
      wolf" in order to sufficiently frighten their members and others in this
      profession to contribute money to their legislative fund. Their message
      leads the reader to believe that investigators will be viewed as information
      brokers, unable to utilize the recognized investigative tool of pretexting
      in a lawful investigation. It further fails to mention that information
      protected by attorney work product or fraud protection excludes one from the
      bill's provisions.

      Omitted from their quote regarding the definition of an information broker
      in a proposed bill of concern is that the legislation pertains to
      information brokers handling 5000 or more individual subjects within a
      one-year period. Even if that bill was to define private investigators as
      information brokers, and it does not, very few PIs handle 5000 cases within
      a one-year period. This is certainly an opportune time to explain to your
      representative in Congress that private investigative and security
      professionals are not the cause of the recent information security beaches
      -- and are not information brokers!

      We welcome your membership and any additional ongoing support you might care
      to give to allow ISPLA to continue its ongoing good work. Further
      information is available at <http://www.ispla.org/> www.ISPLA.org

      Bruce Hulme, Director of Government Affairs

      ISPLA - 235 N. Pine Street, Lansing, Michigan 48933




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