IP Spotlight

News from the intersection of intellectual property and business law

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    IP Spotlight provides news and information that is relevant to individuals who focus on the business aspects of intellectual property. Topics include licensing, due diligence, acquisition, and managing risk associated with patents, trademarks and copyrights.
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    Jim Singer is a partner in the Intellectual Property Practice Group of Pepper Hamilton LLP. Jim's practice focuses on helping businesses, institutional investors, venture capital groups and others identify, protect, maximize value, and reduce risk associated with intellectual property. For more details and contact information, select the "About" tab at the top of this page.
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    The content on this site represents information provided by the author as an individual, and it does not necessarily represent the views of Pepper Hamilton LLP or its clients. This site is provided for informational purposes only, and the content provided herein should not be considered to be a substitute for legal advice, nor does it establish an attorney-client relationship. For legal assistance, contact a legal practitioner who is licensed in your jurisdiction. The author makes no warranty of the accuracy of the information contained on this site.

Data Security - How Much Is Enough?

Posted by Jim Singer on March 31, 2008

A recent data security breach at the related Hannaford and Sweetbay grocery chains raised questions about what is required to comply with the PCI standards.  To some readers, the questions included:  What are the PCI data security standards, and do they have the effect of law? 

According to published reports, approximately 4.2 million credit and debit card numbers and expiration dates were illegally accessed.  The Boston Globe, among others, reported that this occurred despite the fact that an auditing firm recently found Hannaford to be in compliance with the PCI Data Security Standard (PCI-DSS) for payment account data security. 

How did this happen?  Although complete details are not yet publicly available (and perhaps not yet known), MIT’s Technology Review suggests that the data may have been exposed while the stores transmitted the data to obtain authorization for credit card transactions. 

The PCI-DSS is published by the PCI Security Standards Council, an organization founded by American Express, Discover Financial Services, JCB, MasterCard Worldwide and Visa International to develop and deploy security standards for payment account data.  The PCI-DSS established 6 principles and 12 accompanying requirements for data security.  The requirements include the encryption of cardholder data that travels across open, public networks, as well as regular testing of security systems and processes.   The PCI Security Standards Council also defines qualifications and credentials for Qualified Security Assessors and Approved Scanning vendors. 

The PCI-DSS is likely to receive a fair amount of attention this year:  states such as Wisconsin , Illinois, Connecticut and Massachusetts have recently considered adopting portions of the PCI data security standard as law, and Minnesota already did so in 2007.  A more stringent law passed the California legislature in 2007 but was vetoed by the Governor.  An attempt to pass a similar law in Texas also failed last year. 

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