Missouri’s Sunshine Law, or Revised Statutes of Missouri Chapter 610, was signed into the Missouri Constitution in 1973 following the passage of the Freedom of Information Act by the U.S. Congress in 1966. This made Missouri an early supporter of the open records act. The law expressly states that meetings, records, votes, actions and deliberations of public governmental bodies are to be open to the public. The law stipulated that specific instances when a meeting, record or vote may be closed should be narrowly defined and interpreted to promote government openness. Public meetings are designated to be held at convenient times, to be accessible to the public and held in facilities large enough to accommodate the expected audience.
Records are defined by Missouri law as “any record, whether written or electronically stored, retained by or of any public governmental body including any report, survey, memorandum, or other document or study prepared for the public governmental body by a consultant or other professional service paid for in whole or in part by public funds, including records created or maintained by private contractors under an agreement with a public governmental body or on behalf of a public governmental body.”
Emails are subject to open record requests if an email is sent to two or more recipients concerning public business. Any such message is required to be copied to the custodian of records, or the member’s public office computer.
Mo.Ann.Stat. 109.180 to .190
Sanctions for Noncompliance
The Sunshine Law provides for penalties of up to $1,000 for a body or member of a body found by a preponderance of the evidence to have violated the Law. Mo.Rev.Stat. § 610.027.3. The fine increases to $5,000 for a purposeful violation. Mo.Rev.Stat. § 610.027.4 If the court finds a knowing or purposeful violation, the court may order the body or member to pay costs and attorney fees to a successful party. See Chasnoff v. Mokwa, 466 S.W.3d 571 (Mo. Ct. App. 2015) (allowing plaintiffs to recover attorneys’ fees when a police department knowingly failed to produce records of misconduct). The court shall determine the size of the penalty by taking into account the size of the jurisdiction, the seriousness of the offense, and previous violations of the Sunshine Law by the defendant.
Since 2006, FOIA lawsuits have increased 57% and the cost of defending these lawsuits is millions of dollars.
With Evertel, we provide an efficient, proven, and effective manner to share FOIA documents to those requesting. Once your legal experts provide the policy, the executives auditing your agency’s platform can immediately release the approved documents in minutes, avoiding multi-year litigations and expensive legal costs.
The Federal Bureau of Investigation’s CJIS Security Policy sets the minimum security requirements to provide an acceptable level of assurance to protect the full lifecycle of Criminal Justice Information. Agencies using cloud-based services are required to make informed decisions on whether or not the cloud provider can offer services that maintain compliance with the requirements of the CJIS Security Policy.
The CJIS Security Policy integrates presidential and FBI directives, federal laws, and the criminal justice community’s Advisory Policy Board decisions, along with guidance from the National Institute of Standards and Technology (NIST). The Policy is periodically updated to reflect evolving security requirements.
The CJIS Security Policy defines 13 areas that private contractors such as cloud service providers must evaluate to determine if their use of cloud services can be consistent with CJIS requirements. These areas correspond closely to NIST 800-53, which is also the basis for the Federal Risk and Authorization Management Program (FedRAMP) program.
The key agency requirements of CJIS compliance are summarized here:
It is important to note upfront that HIPAA compliance requirements are primarily focused on health providers. Having said that, government agencies, and in particular 1st Responders, are typically transmitting HIPAA data daily and in non-compliant fashions. In today’s litigious world, it makes sense to comply with HIPAA requirements and remove or minimize the risk.
HIPAA violations are expensive. The penalties for noncompliance are based on the level of negligence and can range from $100 to $50,000 per violation (or per record), with a maximum penalty of $1.5 million per year for violations of an identical provision. Violations can also carry criminal charges that can result in jail time.
Fines increase with the number of patients and the amount of neglect. The lowest fines start with a breach where you didn’t know and, by exercising reasonable diligence, would not have known that you violated a provision. At the other end of the spectrum are fines levied where a breach is due to negligence and not corrected in 30 days. In legalese, this is known as mens rea (state of mind). So fines increase in severity from no mens rea (didn’t know) to assumed mens rea (willful neglect).
The fines and charges are broken down into 2 major categories: Reasonable Cause and Willful Neglect. Reasonable Cause ranges from $100 to $50,000 per incident and does not involve any jail time. Willful Neglect ranges from $10,000 to $50,000 for each incident and can result in criminal charges.
While encryption is an addressable (rather than required) specification, it does not mean optional. The vast majority of data breaches are due to stolen or lost data that was unencrypted. When in doubt, you should implement the addressable implementation specifications of the Security Rule. Most of them are best practices.
Breaches can occur when employees lose unencrypted portable devices, mistakenly send PHI to vendors who post that information online and disclose personally identifiable, sensitive information on social networks.
These are all examples from actual cases. Employee training and adherence to security policies and procedures are extremely important.
Almost half of all data breaches are the result of theft. When laptops, smartphones, etc. are unencrypted the risk of a breach increases considerably. With Evertel, your data is safely stored off-premise; so that a lost or stolen mobile phone or laptop has no data on it and hence and no PHI is compromised.
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