Quote:
Originally Posted by Dax @UltimatePoker
I'm not a lawyer, so please don't take this as a company line or official statement, but my quick read of 603A.215 seems to indicate that this only applies if we're sending information to a customer, not the other way around.
We do encrypt *our* data, and it seems as if we're only liable for breaches if we weren't in compliance with 603A.215 or in the cases of gross negligence.
The only gross negligence in this office is my strategy in open face chinese.
I'm sure you're in compliance with 603A.215, never a concern.
The problem is 603A.030, defined.
"NRS 603A.030 “Data collector” defined. “Data collector” means any governmental agency, institution of higher education, corporation, financial institution or retail operator or any other type of business entity or association that, for any purpose, whether by automated collection or otherwise, handles, collects, disseminates or otherwise deals with nonpublic personal information."
When a player is requested personal information by email then the ISP/Email provider becomes the Data collector because they handle, collect, disseminates said unencrypted information and forwards on to your email address.
Therefore, IMO when requesting personal information it works both ways in Nevada. I do have NV council checking on this to confirm.
1. If your poker site needs to share information via email with a third party partner, it must be encrypted as you have stated then #2 would surely apply.
2. If you request personal information via email from a player it should be encrypted too. Reason being it's coming from the Data collector which is the ISP, or Email provider.
More will come out on this issue in time but it's good for everyone to know that sending personal information of any kind by regular email isn't safe, just a heads up.
For those wondering where the regulations being discussed here's the link:
http://www.leg.state.nv.us/NRS/NRS-603A.html
In the mean time congrats on being the first real money poker site in Nevada, best of luck!
Sorry for the slight derail/ about player protection.