Are There Data Breach Notification Laws In All 50 States

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Are There Data Breach Notification Laws In All 50 States

7 hours ago State Data Breach Notification Chart. 2 hours ago Iapp.org Show details . U.S. data breach notification laws vary across all 50 states and U.S. territories. Each law must be applied to every factual scenario to determine if a notification requirement is triggered. To assist practitioners, the IAPP created a chart containing information from each state or territory’s data breach notification

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State Data Breach Notification Chart

2 hours ago U.S. data breach notification laws vary across all 50 states and U.S. territories. Each law must be applied to every factual scenario to determine if a notification requirement is triggered. To assist practitioners, the IAPP created a chart containing information from each state or territory’s data breach notification law concerning entities

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Data Breach Notification Laws: Now in All 50 States

3 hours ago With last month’s passage of the Alabama Data Breach Notification Act of 2018 (SB 318), all 50 states will have laws requiring companies to notify individuals when their personal information is exposed as a result of a data breach. It has been 15 years since the first data breach notification law passed in California, and this milestone is worth celebrating as a strong statement …

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Data Breach Notification Laws by State IT Governance USA

1 hours ago Data Breach Notification Laws by State IT Governance USA

1. Alabama. 2018 S.B. 318, Act No. 396. Enacted in 2018, Alabama’s data breach notification legislation requires entities that acquire or use “sensate personally identifying information” of Alabama residents to notify affected individuals of any unauthorized acquisition of data.
2. Alaska. Alaska Statutes 45.48.010: Personal Information Protection Act. Enacted in 2008, Alaska’s data breach notification legislation requires entities that own or license the personal information of Alaska residents to notify them without unreasonable delay of any data breach that results or could result in the unauthorized acquisition of their personal information.
3. Arizona. Arizona Revised Statutes 18-545. Enacted in 2006, Arizona’s data breach notification law requires entities that conduct business in Arizona which own, maintain, or license unencrypted and unredacted computerized personal information to notify affected individuals within 45 days of determining that a breach has occurred.
4. Arkansas. Arkansas Code 4-110-101: Personal Information Protection Act. Enacted in 2005, Arkansas’s data breach notification legislation requires entities - regardless of their location - that acquire, own, or license computerized personal information relating to Arkansas residents to notify affected individuals of unauthorized acquisitions of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the entity.
5. California. California Civil Code 1798:29 and 1798:80. Enacted in 2002, California’s data breach notification legislation requires entities that own or license computerized personal information to give notice to residents of California of any data breach that results or could result in the unauthorized acquisition of unencrypted personal information.
6. Colorado. Colorado Revised Statutes 6-1-716. Enacted in 2006, Colorado’s data breach notification law requires entities that conduct business in Colorado, and that own, license, or maintain computerized personal information on Colorado residents to notify those individuals of unauthorized acquisition of unencrypted data that compromises the security, confidentiality, or integrity of personal information.
7. Connecticut. Connecticut General Statutes 36a-701b. Enacted in 2005, Connecticut’s data breach notification law requires entities that conduct business in Connecticut, and that own, license, or maintain computerized personal information, to notify Connecticut residents of any unauthorized access or acquisition of electronic files, media, databases, or computerized data containing readable, usable, or unencrypted personal information.
8. Delaware. Delaware Code Title 6, Chapter 12B. Enacted in 2005, Delaware’s data breach notification law requires entities that conduct business in Delaware, and own or license computerized personal information Delaware residents, to notify affected individuals of any unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information which renders such information readable or usable.
9. Florida. Fla. Stat. § 501.171. Enacted in 2014, Florida’s data breach notification law requires any entity that acquires, maintains, stores, or uses personal information to notify individuals in the state of unauthorized access to personal information in electronic form.
10. Georgia. Georgia Code 10-1-912. Enacted in 2005, Georgia’s data breach notification legislation requires information brokers and data collectors to notify Georgia residents when unencrypted personal information is, or is reasonably believed to have been, acquired by an unauthorized person.

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The Definitive Guide to U.S. State Data Breach Laws

8 hours ago The Definitive Guide to U.S. State Data Breach Laws 2 Alabama Reference: S.B. 318 Summary: Alabama became the final state in the U.S. to enact a data breach notification law on March 28, 2018. Named the Alabama Data Breach Notification Act of 2018 …

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Security Breach Notification Laws

4 hours ago 55 rows · Security Breach Notification Laws. All 50 states, the District of Columbia, …

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State Data Breach Notification Laws Foley & Lardner

Just Now event, incident, or breach vary depending on the specific facts and circumstances. Further, data breach notification laws change frequently. The chart is a summary of basic state notification requirements that apply to entities who “own” data. This chart does not cover non-owners of data. If you do not own the data at issue, consult the

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Breach Notification Obligations In All 50 States

Just Now The amended law also increases the penalties for a failure to notify consumers of a data breach from a maximum of $50,000 (under the old law) to $100 per individual per day of failed or delayed notification, not to exceed $250,000 for a single breach.

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State Data Breach Notification Laws Article Foley

Just Now A comprehensive assessment of all laws applicable to breaches of information other than PII. For more information about state data breach notification laws or other data security matters, please contact one of the following individuals listed below or …

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The Complicated State of Data Breach Notification Laws

7 hours ago The lowest threshold for Attorney General or State Agency notification of a data breach is Indiana, at 250 state resident records. For other states, this threshold (where there is one) generally starts at 500 or 1000 residents’ records breached. It is important to read a state-by-state

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Data Breach Notification Laws in U.S. States HG.org

3 hours ago The notice laws in some states only provide 45 days to give a breach notification to affected users and clients. No extensions are available in many states with these specifications. However, others may provide a specific time period with some extensions. Another state explains that 90 days are available to notify the users affected by the breach.

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An Overview of U.S. Data Breach Notification Laws Masuda

4 hours ago Each state’s data breach notification law functions to protect the residents of their respective states. Under each state’s data breach notification laws, a resident of a state must receive notice of the breach according to the law of that particular state. The laws in all 50 states, the District of Columbia, Guam, Puerto Rico, and the

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Data Security Breach Notification Laws by State 50State

7 hours ago While all state data breach notification laws require an employer to provide notice to affected individuals, the laws vary as to how and when the notice must be provided. Generally, the notice requirements are triggered when an employer that is covered by the law discovers or is notified of a breach.

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Security Breach Notification Chart Perkins Coie

4 hours ago The chart is for informational purposes only and is intended as an aid in understanding each state's sometimes-unique security breach notification requirements. Lawyers, compliance professionals, and business owners have told us that the chart has been helpful when preparing for and responding to data

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State Data Breach Notification Laws The National Law Review

5 hours ago [1] This summary only covers data breach notification laws for the 50 United States and District of Columbia. It does not cover laws adopted in any U.S. territories, sector-specific laws (such as

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Data Breach Notification in the United States and Territories

7 hours ago Whether the state publishes breach data publicly. Whether individuals have a private right of action for violations. Whether there are exceptions to the notification obligation if the entity complies with other laws (HIPPA, GLB, etc.). Whether there is flexibility in the notification if the entity maintains an equivalent or stronger policy.

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State Data Breach Notification Laws: 2018 in Review

9 hours ago Data Breach Notification Laws in All 50 States. With the enactment of new data breach notification laws in South Dakota and Alabama, all fifty states and the District of Columbia have implemented data breach notification laws. The new laws in South Dakota and Alabama, which went into effect in mid-2018, included many features commonly seen in

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Data Breach Laws: A StatebyState Framework

6 hours ago Oklahoma: Statute 161 – Requires notification “without unreasonable delay” after discovery of a breach. Organizations may maintain their own notification policies so long as they are in compliance with state law. Oregon: Statute 646A.600 – Requires notification no later than 45 days after discovery of a breach.

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Breach Notification Laws Now in All 50 States TeachPrivacy

1 hours ago Recently, South Dakota and Alabama passed data breach notification laws.. These were the last two states to pass such laws, and now all 50 states have breach notification laws. There’s also a federal breach notification requirement under HIPAA (passed with the HITECH Act of 2009).. In 2003, California passed the first data breach notification law.

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UPDATE: All fifty states now have data breach statutes

2 hours ago On July 1, 2018, all fifty states will have active data breach statutes that govern the notification process for companies that experience a data loss incident. Alabama and South Dakota both recently passed data breach laws, representing the last two states to enact data breach

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Data Breach Requirement to Notify the State Attorney

4 hours ago

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No more waiting: it’s time for a federal data breach law

2 hours ago With the recent passage of data breach notification laws in Alabama and North Dakota, all U.S. states and the District of Columbia now require that companies let us know when our personal data are breached.It only took 15 years.. It isn’t a surprise that breach notification has become the token data protection regulation in the United States. The burden on companies is minimal, requiring

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Data Breach Notification Laws Now Enacted in All 50 States

3 hours ago South Dakota and Alabama are the last of the 50 states to have enacted breach notification laws, along with Washington, D.C., Guam, Puerto Rico and…

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All 50 States Now Have Data Breach Notification Laws

5 hours ago As of last month, when South Dakota and Alabama passed data breach notification laws, all 50 states (as well as the District of Columbia and several U.S. territories) now have data breach notification laws on their books.. In the absence of a comprehensive federal regime, these laws have formed a patchwork of notification requirements for companies that have suffered hacks and other data

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Data breach notification statutes – American City and County

3 hours ago The external requirements are simply what a city or county is obligated to do under the current law. Currently, 47 states have in place mandatory data breach notification statutes specifying post-breach obligations that apply to local governments. All breach notification statutes cover several main topics, including:

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State Data Breach Notification Laws The National Law Review

Just Now With the ever-changing complexity of state data breach notification laws, companies facing a data breach need resources that will help them …

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Nine States Pass New And Expanded Data Breach Notification

9 hours ago Illinois, Maine, Maryland, Massachusetts, New Jersey, New York, Oregon, Texas, and Washington have all amended their breach notification laws to either expand their definitions of personal information, or to include new reporting requirements. Below is a roundup of recent and significant changes. 2019 U.S. State Laws Round Up:

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Changes to State Laws on Data Breach Notification

3 hours ago For all other data breaches, hospitals will need to comply with the requirements under state law. 1. Entities the laws apply to. Data breach notice requirements apply to: Any person or business that conducts business in Washington state that owns or licenses data that includes personal information, under 19.255 RCW; and,

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What are Data Breach Notification Laws? Revision Legal

Just Now Identify any exemptions to the data breach notification laws. In some states, if data is encrypted it might be exempt from state data breach notification laws. Address the penalties associated with a failure to comply with the law. Each state identifies the penalties associated with a failure to comply with the state’s breach notification laws.

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Legal Obligations When a Data Breach Invokes the Laws of

9 hours ago By now, many attorneys are generally aware of the existence of data breach notification laws and may have even had the misfortune of receiving a data breach notice in the mail.

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Data Breach Notification: State Law Requirements

9 hours ago All of these activities make it imperative that companies understand the laws governing data breach notification. This article examines the typical provisions of state data breach notification laws, including who must comply, what information is protected, how a breach is defined and what should be included in a notice.

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States’ Data Breach Notification Statute Amendments in

3 hours ago Arkansas amended its data breach notification statute (Ark. Code Ann. § 4-110-101, et seq. (West 2019)) to broaden the definition of “personal information” to include “biometric data[;]” and require notification to the State Attorney General, if 1,000 or more individuals are affected, at the same time as notice to the affected individuals or 45 days after the business “determines

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State Data Breach Notification Laws Just Got Crazier Law

3 hours ago All the other states with data breach notification statutes specifically provide this safe harbor from notice for encrypted data. The Tennessee action is all the more amazing given that encryption of personal data is a data security best practice, particularly for data in transit and is the current state of the art.

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DATA BREACH LEGISLATION AND THE INSURANCE INDUSTRY

9 hours ago According to the NCSL all 50 states, DC, Guam, the Virgin Islands and Puerto Rico have enacted security breach notification laws. [25] This year at least 19 states are considering, considered, have amended and or enacted security breach laws.

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Navigating the 50State Patchwork of Data Breach Laws

5 hours ago The data breach law that will apply to a specific situation will be that of the state of residence of the affected individual and not the state in which the company has its office. A business that has customers in all 50 states will have to be familiar with the law in each state to know when it must supply notification to the affected customers.

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Security breach notification laws Wikipedia

9 hours ago Currently, all 50 states have enacted forms of data breach notification laws. It should be noted though, that there is no federal data breach notification law, despite previous legislative attempts. These laws were enacted in response to an escalating number of breaches of consumer databases containing personally identifiable information.

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Three States Launch New Data Breach Bloomberg Law

7 hours ago States have been updating data breach notice statutes in recent years to broaden the definition of personal information and change requirements for when and how to notify affected individuals or the state attorney general. All 50 states and the District of Columbia require companies to notify people of security breaches of personal information.

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Year To Date Changes To State Data Breach Notification Laws

3 hours ago And those laws change routinely, with potentially significant impacts on businesses. Here is a quick rundown of changes to state data breach notification laws that have been enacted since the beginning of 2019. Arkansas: On April 10, 2019, the Arkansas General Assembly enacted amendments to the Arkansas Personal Information Protection Act. The

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State Data Breach Notification Laws: Overview of the

3 hours ago The nation’s patchwork of state data breach notification laws is now complete. All 50 states, as well as the District of Columbia, Puerto Rico, Guam…

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States With Privacy Laws faqlaw.com

5 hours ago Each state has enacted at least one privacy law, New Mexico being on the low end with one law addressing data breach notification and California being on the high end with more than thirty. For a company looking to comply, this patchwork of laws presents different levels of challenges depending on the location of the company and its points of sale.

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Texas Summary of U.S. State Data Breach Notification

6 hours ago Notification requirements applicable to persons who conduct business in Texas and that own, license or maintain covered info associated with any individual (whether or not they are a Texas resident, though individuals who are residents of another state that requires notice of a data breach may be notified under that state’s law).Some types of businesses may be exempt from some or all of

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RoundUp of Recent Changes to U.S. State Data Breach

8 hours ago Amendments to the state’s data breach notification law pursuant to H.B. 4390, which will enter into force on January 1, 2020, will require notification to affected individuals within 60 days. Entities will also be required to notify the state Attorney General within 60 days if a breach involves more than 250 residents.

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State Data Breach Notification Laws: 2018 in Review

Just Now Data Breach Notification Laws in All 50 States. With the enactment of new data breach notification laws in South Dakota and Alabama, all fifty states and the District of Columbia have implemented data breach notification laws. The new laws in South Dakota and Alabama, which went into effect in mid-2018, included many features commonly seen in

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What US Businesses Need to Know About Data Breach

4 hours ago In the U.S. today, every state has a breach notification law and in half of the states there are data security laws, twice as many regulations as in 2005. Some of these data security updates include: The definition of information that is categorized as “ personal ” has been expanded, and now includes online account credentials, biometric

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What Are the Data Breach Notification Laws in Your State?

1 hours ago As prospects of passing consumer-privacy legislation in Congress remain bleak, state lawmakers are picking up the ball and running with it. At least 32 states have data-breach notification laws

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Amendments to D.C.’s data breach law create new data

9 hours ago notification that consumers have a right to a free security freeze (under federal law) and, in certain instances, a right to identity theft prevention services. The amendments also mandate that a company provide 18 months of identity theft prevention services to consumers when there is a breach of SSNs or taxpayer identification number.

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New York’s New Data Breach Notification Law: What

3 hours ago As the COVID-19 pandemic continues to demand the attention of corporate leaders and the public at large, businesses have likely had little time to get up to speed on New York’s new data breach notification law, the Stop Hacks and Improve Electronic Data Security (SHIELD) Act.

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Detangling the Web of State Data Breach Notification Laws

6 hours ago In the unfortunate incident of a data breach, a company faces legal accountability to its consumer and to the state, often in the form of sizeable penalties, or lawsuits from consumers whose privacy has been compromised. Companies are also subjected to meticulous, sometimes contradicting requirements of state data breach notification statutes.

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Frequently Asked Questions

What are the laws for data breach notification?

The 48 state data breach notification laws by state 1 Alabama 2 Alaska 3 Arizona 4 Arkansas 5 California 6 Colorado 7 Connecticut 8 Delaware 9 Florida 10 Georgia More items...

Where can I find list of states that require breach notification?

To view the requirements for a specific state, click on the state name below. Click here to download a fully searchable PDF document containing information on the current breach notification laws in each of the 50 states, D.C. and Puerto Rico.

Can a data breach affect all 50 states?

Therefore, a data breach affecting residents located in all 50 states, the District of Columbia and the U.S. territories could potentially require 50 or more different versions of notices that comply with each jurisdiction’s particular requirements.

What are the penalties for a data breach in Arizona?

Civil penalties of between $500 and $50,000 are stipulated. Enacted in 2006, Arizona’s data breach notification law requires entities that conduct business in Arizona which own, maintain, or license unencrypted and unredacted computerized personal information to notify affected individuals within 45 days of determining that a breach has occurred.

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