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Are You in Compliance?

Guest post by: Marijo McCarthy

Article Overview: It sometimes seems as though we spend way too many non-productive work day hours, protecting ourselves from new government rules and regulations. As frustrating as this may be, I encourage you to comply with government "do and don't" directives. And, as with most distasteful tasks, I suggest you tackle these directives in bite-sized pieces.

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Are You in Compliance?

It sometimes seems as though we spend way too many non-productive work day hours, protecting ourselves from new government rules and regulations.

As frustrating as this may be, I encourage you to comply with government "do and don't" directives. And, as with most distasteful tasks, I suggest you tackle these directives in bite-sized pieces.

These days, for example, I ask every client and colleague how they are doing on their WISP … that's right, their government-mandated Written Information Security Program which all business owners are required to have, effective March 1, 2010.

If you are still working on yours (or haven't even begun), don't despair … yet. Go about it one step at a time and, before you know it, you will have a completed WISP.

Start with these four simple but important steps:

  1. Determine if your company obtains Personal Information during the course of doing business with employees, customers or vendors. Remember that here in the Commonwealth of Massachusetts, the definition of Personal Information is a resident's name (first and last name or first initial and last name) combined with one or more of the following:

    1. a social security number; or
    2. a driver's license or state-issued ID card number; or
    3. a financial account number, or credit or debit card number.


    If your answer is "No," say "Good Night Gracie" and sleep well! If your answer is "Yes," read on…


  2. Choose someone (that might be you in a small business) to maintain the Security Program.


  3. Identify and assess the inside and outside risks to data security. Do an actual physical walk through of your office or plant with a clipboard in hand and locate where Personal Information is currently kept. Who has access? How centralized is the information? What format is it in? You will be amazed at what you discover when you begin the physical survey!


  4. Evaluate and improve the current security and security policies on your premises. For example, when an employee leaves, do you immediately cut off that departing employee's physical and on-line access to your computers? Do you send Personal Information over the internet and, if so, is it encrypted? Is there a lock on the filing cabinet which contains employee personnel files?
When it comes to your WISP, identify the risks; assess the possibility of damage based upon those risks; evaluate your current protection; and design and implement a WISP that provides the protection you need.

And remember, as with most things, small business owners can and should keep it simple, reasonable and practical!

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Home > Legal > Marijo McCarthy > Are You in Compliance >
Article Tags: compliance, data security, government rules, personal information

About the Author: Marijo McCarthy
RSS for Marijo's articles - Visit Marijo's website

Marijo McCarthy is principal of Widett and McCarthy, a Boston-area law firm that helps small business owners grow their businesses with pragmatic legal advice, mentoring and a solid team of professional advisors.

Click here to visit Marijo's website
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