50-state Survey of Security Breach Notification Laws

Security breach laws typically have provisions regarding who must comply with the law (e.g., businesses, data/ information brokers, government entities, etc); definitions of “personal information” (e.g., name combined with SSN, drivers license or state ID, account numbers, etc.); what constitutes a breach (e.g., unauthorized acquisition of data); requirements for notice (e.g., timing or method of notice, who must be notified); and exemptions (e.g., for encrypted information). All 50 states, the District of Columbia, Guam, Puerto Rico and the Virgin Islands, according to the National Conference of State Legislatures survey, have enacted legislation requiring private or governmental entities to notify individuals of security breaches of information involving personally identifiable information.

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