State Breach Notification Laws: When a Dark Force Prevails

Bill Balint • November 8, 2024

With 2024 National Cybersecurity Awareness Month (NCSAM) now in the books, it appears NCSAM is continuing gain more traction on the 20^th Anniversary of its 2004 creation. Formed in the U.S., concept has become an international initiative observed on a global scale since October was designated as European Cybersecurity Month in 2012.

Perhaps the most important outcome of this increased focus is that executive leaders understand that cyber threats are a fundamental business risk and not simply ‘an IT issue’. A true understanding that “If there is a catastrophic cyberattack, the damage will likely reach higher on the organizational chart than the CIO and CISO.”

Specifically for the higher education sector, there are multiple outlets beyond just the campus IT department reinforcing safe computing practices, spotlighting the perils of cyber threats.

This increased visibility has been a long time coming and is long overdue.

Consider the Melissa Virus, which led to the FBI creating a ‘Cyber Division’, occurred in 1999. It has taken a quarter century to transform what was once a quiet little cybersecurity cottage industry into a computing behemoth.

But history tells us even the most prestigious academic institutions cannot prevent all cyberattacks and that some of these attacks produce catastrophic impacts. All the spending for the software, the hiring, and the training has not come close to defeating the ominous reality still staring at the industry.

Sometimes, dark forces simply ‘win’.

Among the countless attempts to use public policy as a weapon against these forces, perhaps it is time for state data breach notification laws to receive added focus. While federal rules and laws like GLBA, FERPA and HIIPPA are more universally known, compliance with state laws is a critical part of data breach incident response and understanding the laws prior to an incident is vital.

California became the first state with a notification law that took effect in 2003 before NCSAM even existed. The other 49 states, the District of Columbia, Guam, Puerto Rico and the Virgin Islands have each followed suit by enacting laws during the ensuing years.

Not surprisingly, these laws tend to change as cyberthreats evolve and massive cyberattacks catch the public’s attention. The potential identity theft and exposure of personal, confidential information for millions of constituents builds demand for action from elected officials.

One example is the Commonwealth of Pennsylvania, which made important changes in both 2023 and 2024. The most high-profile change is that an entity that has a breach involving certain data elements impacting more than 500 state residents must inform the state’s Attorney General’s Office and notify consumer reporting agencies.

Intermittent changes like these are a complicating factor because the rules are often not static and might not be the same as they were the last time an institution fell victim to a breach. Furthermore, the laws – while generally similar – are a patchwork across the country and have important differences in some cases.

Based on a small, informal sample of state laws, a general key is that an individual’s last name – if combined with first name and/or middle initial - is a trigger point to examine what other data items were compromised in the event of a breach. Some states have exceptions where the law can be triggered even without the name under certain conditions.

The breach of data in three key areas - social security numbers, driver’s license numbers and/or fiscal information – appear to be universally accepted as being part of personal information, especially when paired with name. But definitions are broader in some laws. Dates of birth, student Id numbers, health insurance policy numbers, passport Id numbers, and biometric data are just some examples of what is included based on state.

The amount of time permitted to provide breach notifications, the number of breached records needed to trigger certain steps, and the penalties for non-compliance are also state-specific. Even the names of the laws differ by state.

Fortunately, there are many websites that can assist in the learning process. Among the comprehensive options is The National Conference of State Legislatures, which provides links to many state laws via its Security Breach Notification Laws webpage (https://www.ncsl.org/technology-and-communication/security-breach-notification-laws).

There are also numerous comprehensive commercial websites – such as those created by law firms or other entities that track public policy – where state laws can quickly be compared for informational purposes. However, a best practice is to review state-specific deep dive websites that offer nuances and even advice on how to apply a state’s law.

Bill Balint is the owner of Haven Hill Services LLC, contracted as the Advisory CIO for Education at Trivigil.

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Cybersecurity AI and Identity Management Receive Awareness Boosts

By Bill Balint • March 27, 2025

While National Cybersecurity Month (October) and National Data Privacy Week (late January) seemingly growing in adoption, a couple of more-recent cybersecurity events will hopefully take that next step. AI Fools Week (Naturally Kicking off ‘AI’pril) The good folks over at the National Cybersecurity Alliance (NCA) have created their inaugural artificial intelligence (AI) awareness campaign, fittingly entitled “AI Fools Week”, taking place the Week of March 31 ( https://www.staysafeonline.org/aifools ). NCA even jokingly refers to the month as “AIpril”. As is often the case, NCA offers a very well-done toolkit of tip sheets, infographics, posters, etc. for those looking to initiate a ‘be safe when using AI” campaign at their institution or place of business. One of the NCA toolkit’s more ironic, but interesting ideas is to leverage a concept dating back to Ancient Greece by creating a shared password (safe word) to combat “deepfake” voicemails, messages, even video calls. The kit suggests safe word systems are worthy for consideration beyond families – such as with fellow employees, close friends, caregivers and groups reliant upon virtual communication. Identity Management Day 2025 Identity Management Day 2025 ( https://www.idsalliance.org/event/identity-management-day-2025 ) will take place immediately after AI Fools Week on April 8. The awareness focus is a free, day-long online conference. The NCA and the Identity Defined Security Alliance play host to the event, which started in 2021. Of course, adhering to safe computing practices in this rapidly changing landscape is a 365-day per year battle (366 during leap years - LOL). Some might consider it impossible to avoid deepfakes for long because so much is beyond the individual’s control – especially in a GenAI world. But the silver lining is any improvement in protection is a positive and the event is geared toward promoting best practices. Higher Education Cybersecurity Digital Magazines Awareness days and weeks are nice and all, but this is also a daily effort where timely, helpful information made available within a few clicks is a vital asset. This is one way digital magazines can make a difference. Higher education might increasingly be operating ‘like a business’, but access to information from those who understand the unique higher education environment remains a plus. Fortunately, higher education cybersecurity professionals can find plenty of education-specific content without cost. It is true the mix of public sector, non-profit and for-profit websites are valuable. But targeted digital magazines also provide critical additional insight. Though not a comprehensive review, three sites appear to be among the leaders in this space. EdTech magazine’s cybersecurity site ( https://edtechmagazine.com/higher/security ), for example, published nine (9) new articles during a recent three-month period, featuring diverse topics like identity and access management (IAM), student BYOD security challenges, AI, and the age-old technical debt implications for security and privacy. Each article places the material into a higher education-centric context. One specific nice feature is the site’s article filtering, which allows readers to deep dive into 14 sub-topics in an instant. Campus Technology magazine has been a friend to the higher education IT community for some 35 years (known as Syllabus from 1988-2004 before adopting its current name). Cybersecurity has been part of its content for multiple decades and its website touts a cybersecurity portal ( https://campustechnology.com/Portals/Cybersecurity.aspx ) full of articles, podcasts, webcasts and whitepapers. The site included 10 articles in a recent 90-day timeframe and these included information about subjects ranging from AI, Educause HECVAT’s release, Jamf’s purchase of Identity Automation, etc. Education Technology Insights ( https://www.educationtechnologyinsights.com ) offers content spanning the education sector, with a focus on “…bringing forth a complete picture of how teachers are using different classroom technologies…”. Although there does not appear to be a cybersecurity-specific part on the site, there is plenty of content found via a general search. There are loads of higher education-focused sites that offer cybersecurity content, but most do not have it as a specific focus area. Inside Higher Ed, University Business, and GovTech are just a few. Of course, there are also many cybersecurity digital magazines that cut across all industries and certain content has implications for the education sector. Bill Balint is the owner of Haven Hill Services LLC, contracted as TriVigil’s Advisory CIO for Education.

Breaking the Silence: A CISO’s Guide to Beating Burnout

By John Schimanski • March 12, 2025

Let’s talk about something that most Chief Information Security Officers (CISOs) hesitate to discuss, BURNOUT . Cybersecurity is a high-stakes, high-pressure field. The constant barrage of threats, the responsibility of protecting an organization’s digital infrastructure, and the expectation of being on-call 24/7 can take a toll. Burnout among CISOs and security professionals is real, prevalent, and dangerous , not just for individuals but for organizations as well. Burnout can manifest in various ways: self-medicating with alcohol or drugs, struggling with depression, losing the ability to make decisions, or feeling so overwhelmed that you shut down. The risk is even higher during crises, such as a major ransomware attack, where long hours and intense pressure become the norm. The good news? Burnout is preventable. Recognizing the signs early and taking proactive steps can make all the difference. Understanding Burnout in Cybersecurity Burnout doesn’t happen overnight; it’s a gradual process. Security professionals often start by feeling stressed and overworked, but over time, that stress turns into chronic exhaustion, cynicism, and decreased effectiveness . The key warning signs include: Constant fatigue despite adequate rest Loss of motivation or feeling disconnected from work Irritability or mood swings with colleagues or family Difficulty concentrating or making decisions Physical symptoms like headaches, insomnia, or muscle tension A sense of helplessness or feeling like you’re failing If these symptoms sound familiar, it’s time to take action. Strategies to Prevent and Combat Burnout 1. Take Strategic Breaks Security incidents demand immediate attention, but working under constant stress isn’t sustainable. Taking short breaks throughout the day can help lower stress levels. I personally step away from screens for at least 10 minutes every two hours to give my mind (and eyes) a reset. 2. Find an Outlet Beyond Work Engaging in activities that provide mental relief is essential. For me, that includes reading (both work-related and for pleasure), swimming, shooting, gaming, talking with friends, riding my trike, or going to the movies. Whatever it is for you, sports, music, art, hiking, find something that allows your brain to reset. 3. Use Your Vacation Time (and Actually Unplug!) Many of us accumulate vacation days but hesitate to use them, fearing work will pile up. Use your time off. Fully unplugging, even for a few days, can reset your perspective and prevent burnout from spiraling. 4. Set Realistic Expectations CISOs often feel like they must handle everything themselves. This mindset is a fast track to burnout. Know your limits and delegate where possible. If you have a team, trust them. Security is a team effort, and you don’t have to be a hero every day. 5. Prioritize Physical Health Regular exercise is one of the best tools against stress. Studies show that physical activity boosts serotonin and helps improve cognitive function. Even a short walk or stretching routine can have a profound impact on your mental state. 6. Create a Routine to Reduce Decision Fatigue CISOs make critical decisions every day. Over time, constant decision-making wears down mental resources. Structuring parts of your day, whether it’s a morning routine, meal planning, or even wearing the same style of clothing, can free up brainpower for more important decisions. Top executives, from Steve Jobs to U.S. presidents, rely on routines to reduce decision fatigue. 7. Get Enough Sleep (And Learn to Recognize Fatigue) It sounds simple, but lack of sleep is one of the biggest contributors to burnout. Fatigue affects judgment, reaction time, and emotional resilience. If you’re waking up exhausted, it’s time to reassess your sleep habits. Short naps can also provide quick recovery when needed. 8. Talk About It—Don’t Struggle Alone Burnout thrives in isolation. CISOs are often expected to be strong, resilient, and unshakable, but everyone needs support. Find someone you trust, a friend, colleague, mentor, or therapist—and talk about what you're experiencing. Sometimes, just saying things out loud can bring clarity and solutions. Final Thoughts Burnout isn’t a sign of weakness; it’s a signal that something needs to change. Recognizing the warning signs and taking proactive steps can prevent long-term damage to both your well-being and your career. If you’re feeling overwhelmed, step back, reset, and reach out. You’re not alone, and help is available. Cybersecurity is a tough job, but it shouldn’t come at the cost of your health and happiness.

That Pesky Little Detail: Data in an AI World

By Bill Balint • February 27, 2025

A little cottage industry seemingly arises at the conclusion of each decade, joyously pointing out those long-since forgotten, failed techy items from the past 10 years that were supposed to impact the world but were miserable failures instead. While we are only at the midpoint of the 2020s, it is safe to say AI will not be the next Google Glass, 3D television or the loads of other mainstays on the 2010s lists of IT infamy. Higher education quickly realized both the potential AI positives and negatives as it applied to the teaching, learning and academic research space (think plagiarism on one hand matched against the prospect of personalized learning on the other). Underscoring this fact is the groundbreaking recent announcement that the California State University System intends to become the nation’s “first and largest AI-empowered university system” ( https://www.calstate.edu/csu-system/news/Pages/CSU-AI-Powered-Initiative.aspx ). However, AI adoption for administrative tasks – providing desperately-needed help as struggling institutions look to lower costs, attract/retain more students, and obtain external support via fundraising, grants, etc. – has been a little more deliberate. But this is changing fast, as it seems every higher education information system vendor is now flexing its AI muscles – or at least the sales and marketing teams are doing so. Phrases like ‘Throw your CRMs into the trash bin because mine innovates using AI’ or ‘I’ll see your legacy registration system and raise you a machine language course schedule wizard’ are lurking in that sea of PR if you read between the lines hard enough. The fear of missing the AI train must be balanced because higher education cybersecurity and data privacy risks because AI requires data and that’s where things get complicated. Higher education is always among the most vulnerable industries because its data is so valuable to cyber attackers, and it is considered an easy target. No industry has the combination of user churn, number of inexperienced and casual users, the plethora of personal devices, and an overriding culture of openness. Couple it with IT budgets and staffing often facing unprecedented challenges and it is a mix that attracts bad actors from across the globe. The increasing AI usage will likely bring even more frequent, more sophisticated attacks. Adding to the complexity is the presence of shadow systems housing sensitive or confidential data lurking in higher education for some 40 years. Among the relevant examples are a power user downloading student fiscal data onto a personal hard drive, a researcher locally storing sensitive data, and an office which has deployed an information system for which the IT department does not even know exists. Consider the dark possibilities if a user innocently exposes such data to a GenAI model. This all means answers to traditional questions like ‘Where is the data actually stored and what security measures exist for that data both at rest and in transit?’ and ‘How robust are the tools restricting data access?’ deserve more scrutiny than ever. Perhaps more importantly, the question of ‘Does my executive who listened to AI hype at a conference last week and is now eager to buy an AI-infused product fully grasp the potential risk?’ At one time, it may have taken a concerning cybersecurity audit finding to catch the attention of the institution’s board or cabinet. But these can no longer those times and executive recognition of AI risk up front is critical. Executive leadership should prioritize the creation of practical, common-sense policies governing AI usage. Tactical and operational leadership needs empowered to keep those policies up to date and to make key decisions on tools and techniques to help keep data safe. They can then build appropriate procedures, guidelines, standards, FAQs, and best practices so users can effectively work in an emerging AI world. Bill Balint is the owner of Haven Hill Services LLC, contracted as TriVigil’s Advisory CIO for Education.