Polsinelli Shughart PC

In our
Corporate Law
practice group:

Edward E. Frizell
Kansas City

Jacob W. Bayer
Kansas City

Alan C. Witte
St. Louis



To learn more about our Corporate Law practice,
or for a complete listing of attorneys, click here.




November 2009

Identity Theft and Data Privacy:

A Polsinelli Shughart Update


Recent legislative attempts to curb the growing scourge of identity theft may in fact impose additional costs and responsibilities on small business owners. Here’s a look at three significant developments:


Red Flag Rules – Implementation of Regulations Delayed

This federal statute passed in October of 2007 requires those subject to the law to implement written identity theft prevention programs to detect, prevent and mitigate identity theft. The enforcement date of the regulations has been delayed to June 1, 2010.

[Read more]


New Federal Rules for Health Information

The American Recovery and Reinvestment Act of 2009 (ARRA), commonly known as the “Stimulus Bill,” contains some provisions not directly aimed at stimulating the U.S. economy. Two such provisions require certain holders of personal health information records and those subject to HIPAA to disclose when the security of individually identifiable health information is breached.

[Read more]


Missouri Data Breach Notification Statute Goes Into Effect

On July 9, 2009, Missouri joined 44 other states (including all contiguous states except Kentucky) in enacting what is commonly known as a “data breach notification statute.” Although the statutes vary from state to state, their basic aim is to let people know if their personal information has been compromised, so they can take action to prevent identity theft.

[Read more]


For More Information:

If your company experiences an event which may be considered a data breach, we encourage you to contact either Tom O’Donnell at todonnell@polsinelli.com or Jeb Bayer at jbayer@polsinelli.com, as compliance with the Missouri statute, not to mention other state’s statutes and federal statutes which may apply, is complicated. For example, the new personal health records and HIPAA rules discussed above may, in certain cases, pre-empt or alter the requirements under the Missouri statute.


About Polsinelli Shughart PC

With more than 470 attorneys, Polsinelli Shughart PC is a national law firm that is a recognized leader in the areas of business litigation, financial services, bankruptcy, real estate, business law, labor and employment, construction, life sciences and health care. Serving corporate, institutional and individual clients regionally, nationally and worldwide, Polsinelli Shughart is known for successfully applying forward-thinking strategies for both straightforward and complex legal matters. The firm can be found online at www.polsinelli.com.

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