INFORMATION

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Legal Report

- A highlight of the major legislation passed, and passed over, by the 109th Congress.

Data Security.

- The bill would also have required that information brokers set up reasonable procedures to verify the accuracy of information they collect, assemble, or maintain. H.R. 4127 would have prohibited information brokers from obtaining or attempting to obtain personal information through false pretenses

Seaport Security

- The bill would have made it a crime to enter a secure area of a seaport under false pretenses, forcibly interfere with an authorized law enforcement action, provide false information during a boarding, or willfully disable a passenger vehicle.

Mine Safety

- The law requires that mine operators adopt and maintain an accident response plan for when miners are trapped. Under the law, the plan must include redundant local communications systems, emergency air supplies, escapeways, emergency training, and wireless communications systems to allow contact between trapped miners and officials on the surface.

Port security

- A port security bill (H.R. 4954) was signed into law by President Bush becoming P.L. 109-347. The law requires that the Department of Homeland Security (DHS) develop and implement a strategic plan to enhance maritime security.

Legal Report

- Judicial opinions on negligent hiring and premises liability, and Congress considers bills on bioterror, security guards, and emergency management.

Making Data Breaches Public

- When sensitive consumer information is stolen, the risk of identity theft rises. Many states have notification legislation; but, writes Michael Turner of the Information Policy Institute, federal rules are needed to prevent “patchwork responses.”

Communications

- A bill (A.B. 1848) in California would require that state officials provide an annual report to lawmakers on the state’s interoperable public safety communications network. Existing law says that such as system must be established using federally specified frequencies to ensure that first responders can communicate during an emergency.

Security guards

- Citing the reliance companies have placed in private security officers since 9-11, Rep. Robert Andrews (D-NJ) has introduced a bill (H.R. 5893) that would require employers to obtain a federal criminal records check on all contract and proprietary security guards.

Emergency management

- A bill (H.R. 5351) introduced by Rep. David Reichert (R-WA) would establish a Directorate of Emergency Management within the Department of Homeland Security (DHS). The bill has been approved by the House Homeland Security Committee. However, it is still under consideration in the House Transportation and Infrastructure Committee and the House Energy and Commerce Committee.

Premises Liability

- A club owner may be held liable for failing to protect two patrons who were attacked outside as they left the premises.

Negligent Hiring

- A South Carolina court has ruled that an employer could not be held liable for failure to conduct a background check on an employee who later stole from a company client.

Court Threat

- The Justice Department’s Bureau of Justice Assistance bulletin outlines a ten-step threat management process.
 




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