Duty LXD-2473
Tracks devices, in Oregon
Oregon Consumer Information Protection Act, requirement to develop safeguards for personal informationsince 3 lines
ORS 646A.622 (2007 c.759 sec. 12; amended 2015 c.357 sec. 3; 2018 c.10 sec. 6; 2019 c.180 sec. 4) · Read the law's page
- Develop, implement and maintain reasonable administrative, technical and physical safeguards to protect the security, confidentiality and integrity of personal information, including its secure disposal.
- Satisfy this duty either by already being subject to and complying with Gramm-Leach-Bliley Act Title V regulations, HIPAA and HITECH regulations, or another state or federal law providing greater protection, or by implementing an information security program with a designated coordinator, a periodic risk assessment, employee training, vetted service-provider contracts, network and software risk assessment and patch management, attack detection and testing, and secure destruction of records when the information is no longer needed.
- A small business may scale its program's administrative, technical and physical safeguards to its own size, complexity and the sensitivity of the personal information it collects.
- This binds a covered entity, any person, including a public body, that owns, licenses, maintains, stores, manages, collects, processes, acquires or otherwise possesses an Oregon consumer's personal information in the course of business, vocation, occupation or volunteer activity, and a vendor the covered entity contracts with to hold that information on its behalf; a person who acts solely as a vendor is not itself a covered entity.
- The Director of the Department of Consumer and Business Services enforces this duty by investigation, subpoena and a cease-and-desist order, with a civil penalty of up to $1,000 per violation and up to $500,000 for any one occurrence; the sections name no private right of action of their own.
Oregon Pen Register and Trap and Trace Device Statutein force2 lines
ORS 165.657-165.673 · Read the law's page
- Do not install or use a pen register or trap and trace device unless a court order or statute allows it; a device a provider or its customer uses for billing, or for cost accounting in the ordinary course of business, is not a pen register.
- A provider of wire or electronic communication service may use such a device to operate, maintain, test or protect its service, its rights or property or its users, to record that a communication was initiated or completed to protect against fraudulent, unlawful or abusive use, or with the consent of the service's user; these exceptions belong to the provider.