Businesses protest Massachusetts encryption law

Written by Dan Blacharski on January 22, 2009

Massachusetts’ new identity theft regulations, known as the “Standards for the Protection of Personal Information of residents of the Commonwealth”, is running into some opposition from lobby groups and Massachusetts retailers. The strict regulation requires all portable personal information about Massachusetts residents to be encrypted, regardless of whether that data is being emailed over the Internet or not. The rule is designed to add an extra layer of protection on data such as credit card numbers and other personal information. The regulation of course, is a no-brainer, and any business with common sense should be doing this already, regardless of regulation.

But apparently, the business lobby in the state takes exception to the rule, and advocates protested the regulations at a hearing last week. The business owners claim that compliance will be too expensive. However, this argument just doesn’t hold water. Of course, there will be some expenses involved in compliance. However, there have been numerous high-profile data thefts in the news, and the costs involved in cleaning up the mess, the possibility of lawsuits, and the negative public relations is far more costly than just putting in some encryption. In fact, the regulation is just common sense, and when businesses undertake to compile personal information from consumers, they do have a responsibility to protect that information. Laptops and mobile devices in particular are important to protect, since these may contain data that is very valuable to an identity thief, and represent an easy target.

Advocates asked the state to reissue regulations on May 1, and then give businesses two years to comply. The deadline has already been extended from May 1, 2009, to January 1, 2010. The time has come to do something about this situation and stop putting it off. The extended deadline would serve no valuable purpose other than to leave data open and vulnerable for a longer period of time.

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3 Comments to “Businesses protest Massachusetts encryption law”

  1. Mark Says:

    I am an IT service provider in Massachusetts. This law is going to be very expensive for most law firms to implement. New software and hardware will have to be purchased, tested and installed, and training of all
    employees will also have to occur.

    Then you have to factor in the drop in productivity of having the employees have to jump through all these technical hurdles.

    With the Economy in shambles, this is a very bad time to try to implement this.

  2. Howard Falcon Says:

    While the law may appear to be over bearing it is not going to break the bank to implement. If retailers want to keep and store the data, which most just turn around and resell, then pay the just comply and stop crying.

  3. TekWarrior Says:

    The fact is that there is some openware (TrueCrypt) that is free and will encrypt entire system volumns (not what we are using, but it is a cheap solution).

    As for the time to impliment the extension is needed, the writter here has no clue what it takes to impliment something like this in a large enterprise environment. I work for the IT of a very large retailer and we are pushing to make the May 1st deadline and will likely go over, so it is a relief to have the extra time.

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