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Ohio's Data Protection Act And/As A Process-Based Approach To "Reasonable" Security, Brian Ray
Ohio's Data Protection Act And/As A Process-Based Approach To "Reasonable" Security, Brian Ray
Akron Law Review
This essay argues that the ODPA [Ohio Data Protection Act], which has become a model for similar laws and legislative proposals in several other states, in effect creates a process-based standard for cybersecurity. It does so by incorporating the risk-based approach used by the listed cybersecurity frameworks as the defacto standard for reasonable security for organizations seeking to qualify for the Act’s affirmative defense. This article summarizes the ODPA and then explains the risk-based approach of the cybersecurity frameworks it incorporates. It then argues that this risk-based approach in effect establishes a process-based definition of reasonable security and explains why …
Security In The Digital Age, Michael Gentithes
Security In The Digital Age, Michael Gentithes
Akron Law Review
Rapidly evolving technology allows governments and businesses to elevate our collective well-being in ways we could not have imagined just decades ago. Data is now a resource that governments and businesses alike can mine to address the world’s needs with greater efficiency, accuracy, and flexibility. But evolving technology and advanced data analytics also come with risk. New digital capabilities also create new means for nefarious actors to infiltrate the complex technological systems at the heart of nearly all of our daily activities. Just as new digital tools emerge to offer unique goods and services, new tools allow wrongdoers to invade …