Technology law

Data Privacy

Ohio’s approach to data privacy focuses on consumer protection, particularly in the event of data breaches. The Ohio Data Protection Act (ODPA), which came into effect in 2018, provides a framework for businesses to protect the personal data of Ohio residents. The law mandates that businesses that handle personal information take appropriate security measures to protect that data from cyber-attacks and unauthorized access. It also outlines the steps businesses must take when a data breach occurs, including notifying affected individuals.

The Ohio Revised Code § 1349.19 also requires businesses to inform Ohio residents within 45 days of discovering a data breach involving personal information. Additionally, this law specifies the kind of information that must be disclosed in a data breach notification, such as the type of breach, the affected data, and the steps taken to resolve the situation.

Ohio’s data privacy laws are relatively more business-friendly than other states like California, where businesses are subject to more stringent consumer protection laws such as the California Consumer Privacy Act (CCPA). However, Ohio has demonstrated its commitment to protecting consumers’ privacy by passing the ODPA and creating a clear framework for dealing with data breaches.

Cybersecurity

Ohio’s cybersecurity landscape is shaped by both federal regulations and state-level provisions. The Ohio Cybersecurity Program is a collaboration between state agencies, the Ohio National Guard, and the Ohio Department of Public Safety to strengthen the state’s cybersecurity infrastructure. This program is focused on both protecting public sector data and supporting private companies in securing sensitive information.

Additionally, Ohio’s Cybersecurity Safe Harbor Law (ORC § 1354.01) provides businesses with legal protection from certain lawsuits related to cybersecurity breaches, as long as they adhere to recognized industry standards. This law encourages companies to implement robust cybersecurity measures without the constant threat of legal liability in the event of a cyber incident.

Electronic Signatures and Digital Contracts

Similar to Michigan, Ohio adheres to the Uniform Electronic Transactions Act (UETA), which ensures that electronic contracts and signatures are enforceable in legal settings. Ohio Revised Code § 1306.01 enacts UETA at the state level and governs the validity of electronic records and signatures. The law allows for the use of e-signatures in many types of business transactions, including real estate transactions, financial agreements, and employment contracts.

Ohio’s approach to digital signatures and contracts is designed to enhance the efficiency of business operations and reduce reliance on paper-based documentation, making it easier for businesses to interact with consumers and other companies in the digital realm.

Case Law in Ohio

Ohio has also seen its share of important case law regarding technology law. One important case is State v. Smith, 124 Ohio St. 3d 163 (2009), in which the Ohio Supreme Court ruled on the need for a warrant in accessing cellphone data. In this case, law enforcement officers attempted to access a suspect’s cellphone without a warrant, which led to the case being brought before the state’s highest court. The court ruled that police must obtain a warrant before searching a cellphone, recognizing the importance of privacy and security in digital communications. This ruling set a significant precedent for digital privacy protections in Ohio.

Federal Technology Laws

Federal technology laws provide a framework for regulating digital technologies across the United States, ensuring consistency and protection across state lines.

Data Privacy

One of the most significant federal laws related to data privacy is the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030. The CFAA criminalizes unauthorized access to computer systems and data, including instances where an individual or entity hacks into a computer network or steals sensitive information. The law has been critical in the fight against cybercrime and data breaches. Although primarily focused on criminal activity, the CFAA has been extended to address civil violations as well, allowing businesses and individuals to seek legal recourse in the event of unauthorized access to their systems.

Additionally, the Federal Trade Commission (FTC) enforces regulations that prevent deceptive practices related to data privacy. The FTC Act, 15 U.S.C. § 45, prohibits unfair or deceptive trade practices, including misleading consumers about how their personal information is collected or used by businesses.

Cybersecurity

The Cybersecurity Information Sharing Act (CISA), passed in 2015, facilitates the sharing of cyber threat information between private businesses and the federal government. CISA aims to improve national cybersecurity by enabling the exchange of critical threat intelligence to better prepare for and respond to cyber incidents. The law provides liability protections for businesses that voluntarily share cybersecurity information with the government, promoting cooperation between private industry and federal agencies in combating cyber threats.

Another important federal law is the National Institute of Standards and Technology (NIST) Cybersecurity Framework, which sets guidelines for businesses and government agencies on how to improve their cybersecurity posture. While not legally binding, the NIST Framework has become a widely recognized standard in the cybersecurity industry.

Intellectual Property and Digital Piracy

The Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 1201, is a key piece of federal legislation that addresses issues of digital piracy and copyright infringement. The DMCA provides a framework for protecting copyrighted material in the digital age, including provisions for addressing the circumvention of digital protection mechanisms. The Act also provides a safe harbor for online platforms, such as websites and social media platforms, that host user-generated content, as long as they take down infringing content when notified.

Case Law at the Federal Level

One landmark federal case is Carpenter v. United States, 138 S. Ct. 2206 (2018), in which the U.S. Supreme Court ruled that law enforcement must obtain a warrant to access historical cell phone location data. This ruling was significant because it established that individuals have a reasonable expectation of privacy in their cell phone data, and law enforcement must respect privacy protections when conducting digital investigations.

Works Cited

• Michigan Identity Theft Protection Act, MCL 445.61.
• Michigan Cybersecurity Protection Act.
• People v. Hall, 499 Mich. 446 (2016).
• Ohio Data Protection Act (ODPA).
• Ohio Revised Code § 1349.19.
• State v. Smith, 124 Ohio St. 3d 163 (2009).
• Computer Fraud and Abuse Act, 18 U.S.C. § 1030.
• Cybersecurity Information Sharing Act (CISA).
• Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 1201.
• Carpenter v. United States, 138 S. Ct. 2206 (2018).