Ships a mobile app, in Oregon

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.