HomeMy WebLinkAboutResolutions - 2020.10.21 - 33768MISCELLANEOUS RESOLUTION #2rws
BY: Commissioners Shelley Taub, District #12; Tom Kuhn, District #11; Eileen Kowall, District #6; Bob
Hoffman, District #2; Penny Luebs, District #16; Michael Spisz, District #3
IN RE: BOARD OF COMMISSIONERS — SUPPORTING HOUSE BILLS 4186 AND 4187 — THE DATA
BREACH NOTIFICATION ACT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS in 2019 alone, there were 2,013 confirmed data breaches affecting billions of people; and
WHEREAS a data breach occurs when security is compromised and personal information, such as user
names and passwords, bank account or credit card information, social security numbers, etc. are accessed
without authorization; and
WHEREAS data breaches can occur in many ways including: hacking, ransomware, malware, phishing,
and denial of service (DoS); and
WHEREAS there is not currently a specific timeframe mandated within Michigan state law to notify
individuals when a data breach occurs and personal, financial, health, government or bank records have
been accessed without authorization; and
WHEREAS there is also no requirement to notify the State when a wide -scale breach happens; and
WHEREAS ultimately, this leads to consumers being the last to know that their information has been
compromised; and
WHEREAS in one example, Yahoo! experienced a data breach in August 2013 affecting 3 billion user
accounts but did not disclose the breach until over three years later in December 2016; and
WHEREAS State Representative Diana Farrington introduced House Bills 4186 and 4187 that would create
the Data Breach Notification Act; and
WHEREAS specifically, House Bill 4187 would create the Data Breach Notification Act, and House Bill 4186
would exempt entities subject to the new Act from similar provisions of the Identity Theft Protection Act; and
WHEREAS an entity covered under this Act would need to provide notice within 45 days of its determination
that a breach has occurred; and
WHEREAS the Data Breach Notification Act would require certain entities to do all of the following: protect
sensitive personal identifying information; investigate actual and potential breaches of security; and provide
notice to persons in the event of a breach of security resulting in the unauthorized acquisition of sensitive,
personal identifying information.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners hereby supports
House Bills 4186 and 4187, commonly known as the Data Breach Notification Act.
BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward
copies of the adopted resolution to the Governor of the State of Michigan, the Michigan Secretary of State,
the State Senate Majority and Minority leaders, the State House Speaker and Minority leader, the members
of the Oakland County delegation to the Michigan Legislature, and the Board of Commissioners' legislative
lobbyist.
Chairperson, I move the adoption of the foregoing resolution.
Commissione h y aub Commissioner Tom Kuhn
District #12 District #�11
Commissioner Eileen Kowall Commissioner 13 offman
District #6 District #2
l _b �_
Commis io er Penny Luebs Commis8ioner Michael Spisz
District #16 District 3
Resolution #20438
September 23, 2020
The Chairperson referred the resolution to the Health, Safety and Human Services Committee. There were
no objections.
Resolution #20438
October21, 2020
Moved by Long seconded by Quarles the resolutions on the amended Consent Agenda be adopted.
AYES: Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham,
McGillivray, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack,
Gershenson. (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were adopted.
I HEREBY APPROVE THIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
fACTINQ PURSUANTTO MCL 45.559A V)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
i, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 21,
2020, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac,
Michigan this 21s' day of October, 2020.
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Lisa Brown, Oakland County