Hannaford case exposes holes in law, some say

A breach of the safety of the food chain Hannaford Brothers Cos. Is the examination of the teeth, Massachusetts’ new data privacy.

The law, in the past year, the companies to warn officials and residents when they lose control of the record-keeping, which is likely to lead to the theft of information, such as an individual’s name and credit card number. State officials say the law, in the case of Hannaford, which on March 17 announced that 4.2 million credit card numbers were potentially fraud.

But with leaders of Hannaford, which is based in Scarborough, Maine, said that the company was bound not to make such disclosure, even after learning that illegal software on servers in subsidiaries and numbers capture card expiration dates and sent overseas. The chain details finally opened in stages of the violation by a press release, a statement on its website, a letter, and the regulatory authorities of Massachusetts, he said that it would not be necessary to send.

Some outside justice and security specialists say, Hannaford has a point. Thirty-nine states have passed laws that in some form of disclosure of a particular offence, most of these laws, as in Massachusetts, must say if they lose data file reports credit card report with the customer’s name or other personal information. Most laws on what is happening, if only credit card numbers and expiration date - unnamed - will be lost, as in the case of Hannaford.

The point of the law, experts say, that the balance between surveillance aimed at eliminating the worst forms of identity theft and to ensure that companies are not subjected to unwarranted charges.

Well, this great gap in the testing phase. In a letter last week, officials in Massachusetts, after asking after the incident, Hanna’s Ford, General Counsel D. Emily Dickinson wrote that the loss of the card will no longer be the only amounts to the loss of personal information “within the meaning of the Act Massachusetts. “We offer these comments as a form of voluntary cooperation,” she wrote, and she added that the companies thought officials, “the notification of this meeting is not necessary.”

Cynthia J. Larose, Mintz, Levin, a lawyer from Boston, retailers deliberating on issues related to privacy, said others have argued that such laws are not as compelled to reveal all their security problems. In practice, however, to say to all customers and regulators is the best, “said Larose.

“If I had a client in this situation, I recommend you always advertise,” she said. “You are in a vacuum, names are not lost, but it was in fact an injury.”

Hannaford said that the exact cause of the wound with the investigation by the US Secret Service, and fell around the pipe forces at the disposal of those interviewed. He said ambitious “malware” or malicious computer, has been kept on servers in each of the 300 subsidiaries operates the company and its partners in countries such as Maine, Massachusetts, New Hampshire, Vermont, New York and Florida.

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