Understanding of fipa and data injury risks

According to a survey, Florida is fourth on the list of states with the most reported data injuries. Data injuries are undoubtedly a considerable risk for all large and small companies in the USA, including the Sunshine state. Perhaps more worrying is that collective action disputes follow a data injury. A common claim in these cases – the company did not do enough to protect personal information from the attack. Therefore, companies Florida have to inform about the Florida Information Protection Act (FIPA), which stipulates that certain companies carry out appropriate measures to protect electronic data with personal information.

According to an article from Law.com:

The monthly average of 2023 data injury processes was 44.5 by the end of August, compared to 20.6 in 2022.

While a company may not be able to fully prevent data injury, the assumption of appropriate protective measures can occur the risk of occurrence and the severity of an attack can be minimized. The company's defense position strengthens the maintenance of appropriate protective measures to protect personal information should be exposed to the state authority after an attack or complaint.

Units are subject to Fipa

Fipa applies to a wide range of organizations, including:

• Covered units: This includes all the only owners, partnerships, companies or other legal institutions that obtain personal information, maintain, save or use. There are no exceptions for small companies.

• Government company: Each foreign ministry, department, office, commission, regional planning agency, board, district, authority, agency or other instruments that provide personal information.

• Agents of third -party providers: In the name of an insured unit or state institution, entities have commissioned to maintain, store or process personal information. This means that almost every provider or third -party provider who manages personal data for a covered unit is also covered, also covered by FIPA.

Defining “appropriate measures” in Florida

FIPA requires:

Each covered company, state companies or third -party providers take appropriate measures to protect and secure data in electronic form with personal information.

While FIPA prescribes the implementation of “appropriate measures” for the protection of personal data, it does not provide a specific definition, whereby the space for interpretation remains. However, instructions can be drawn from different sources:

• Industry standards: Compliance with established cyber security frameworks such as the Center for Critical Security Controls of Internet Security can demonstrate adequate security practices.
• REgulative leadership: For companies that are more regulated, such as Companies in the financial sector can be subject to both federal regulations and the Gramm Leach Bliley Act and the state-based data protection requirements. The General Prosecutor's Office in Florida can state knowledge or recommendations about what makes appropriate measures. Here is an example, if not comprehensive.
• Standards in other countries: Several other states have described more specific requirements for the protection of personal information. Examples are New York and Massachusetts.

Best practice for the implementation of appropriate protective measures

Very often different data security frameworks have several overlapping provisions. In this sense, covered companies could take into account the following list of best practices for compliance with the FIPA conformity. Many of the elements on this list will obviously appear, even fundamentally. In many cases, however, these measures were either simply not implemented or are not dealt with in written guidelines and procedures.

• Create regular risk reviews: Identify and evaluate potential vulnerabilities in your information systems in order to proactively address emerging threats.
• Implement access controls.
• Encrypt sensitive data: Use strong encryption methods for personal information both in peace and during transmission to prevent unauthorized access.
• Develop and force written data security guidelines and create awareness: Create comprehensive data protection guidelines and maintain it in writing. After completion, information on relevant guidelines and procedures must be shared with the employees and an awareness of the changing risk landscape must be raised.
• Maintenance and practice -Verferring plans: Prepare and regularly update a response plan to remedy potential data injuries immediately and effectively, which minimizes potential damage. If you let this plan sit on the shelf, you have a minimal influence on willingness if you are faced with a real data injury. It is important to carry out table tops and similar exercises with important leadership members.
• Update regularly and patch systems: Keep all software and systems with the latest security patches to protect against known vulnerabilities.

By carefully implementing these practices, companies can better protect personal data, comply with the legal requirements of Florida and minimize the risk.