Tag Archives: Nonprofit Times

Complying with Data Security Regulation

This post was originally published on the Idealware Blog in November of 2008.
An article appeared in the NonProfit Times this week regarding a recent ruling in Nevada requiring that all personal information be securely transmitted, e.g. encrypted. The article, States Push To Encrypt Personal Data is by Michelle Donahue, and quotes, among others, me and our friend Holly Ross, Executive Director of NTEN — it’s a worthwhile read. The law in question is a part of Nevada’s Miscellaneous Trade Regulations and Prohibited Acts. I’ve quoted the relative pieces of this legislation below, but I’ll sum it up here:

Personal information can not be transferred to you by your customers (donors) without encryption. Personal information is defined as any transmittal of someone’s name along with their credit card number, driver’s license, or other data that could be used to access their financial records.

Nevada is the first state to pass legislation like this, but it’s a good bet that they are the first of fifty. Massachusetts is right behind them. And if the government won’t get you, the credit card industry might. The regulations that they impose on larger retailers for credit card security are even tougher. These initially applied to retailers bringing in far more money via credit card than most of us do, but they have lowered the financial threshold each year, bringing smaller and smaller organizations under that regulatory umbrella.

So, the question is, how many of you receive donations via email? If you do accept donations over the web, are you certain that they’re encrypted from the time of input until they land inside your (secured) network? What do you do with them when you receive them? Do you email credit card numbers within the office? Retain them in a database, spreadsheet or document?

Most nonprofits are understaffed and unautomated. We accept donations in any manner that the donors choose to send them, and get them into our records-keeping systems in a myriad of fashions. The bad news here is that this will have to change. The good news is, if you do it right, you should be able to adopt new practices that streamline the maintenance of your donor data and reduce the workload. Even better, if the solution is to move from Excel or Word to Salesforce or Etapestry, then you’ll not only have a better records-keeping system, you’ll also have good analytical tools for working with your donors.

Automating systems, refining business processes, improving data management and maintenance — these are all of the things that we know are important to do someday. It looks like the urgency is rising. So don’t treat this threat as an impediment to your operations — treat it like an opportunity to justify some necessary improvements in your organization.

The relevent snippet from the Nevada law:

” 1. A business in this State shall not transfer any personal information of a customer through an electronic transmission other than a facsimile to a person outside of the secure system of the business unless the business uses encryption to ensure the security of electronic transmission.

2. As used in this section:

(a) “Encryption” has the meaning ascribed to it in NRS 205.4742.

(b) “Personal information” has the meaning ascribed to it in NRS 603A.040.

“Personal Information” is defined as:

“Personal information” means a natural person’s first name or first initial and last name in combination with any one or more of the following data elements, when the name and data elements are not encrypted:

1. Social security number.

2. Driver’s license number or identification card number.

3. Account number, credit card number or debit card number, in combination with any required security code, access code or password that would permit access to the person’s financial account.

The term does not include the last four digits of a social security number or publicly available information that is lawfully made available to the general public.