RESOURCES

Data Breach Requirements

There are both State and Federal regulatory schemes that deal with data breaches and notification of those whose personally identifiable information may have been compromised.  We are able to provide the resources that allow the identification of the individuals who need to be notified of a breach.  We generally perform these services in conjunction with forensic experts who obtain the data that needs to be reviewed, cyber security experts and lawyers who specialize in data breach matters.

The sources of federal law that most frequently come into play are in the medical information area, HIPPA regulations (45 CFR Parts 160 and 164) and in the financial services area, the Gramm-Leach-Bliley Act (15 USC Sec 6801 et. seq.) and the regulations issued thereunder.

Notification of a breach is required pursuant to HIPPA without unreasonable delay and in no case later than 60 days following the discovery of a breach. https://www.hhs.gov/hipaa/for-professionals/breach-notification/index.html

Notification of a breach is required pursuant to the Gramm-Leach-Bliley Act to “the affected customer as soon as possible.”

Each state has its own regulatory scheme that must be followed in conjunction with breaches of the data of its citizens. It is wise to read the statutes together and comply with the most aggressive timeline of notification.  Click on the State you are interested in and you will find a link to the State Law provisions regarding data breach.

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State Statute Notification Requirements

StateTimeline for NotificationStatute

Alabama

within 45 days of the covered entity’s receipt of noticeAla. Code § 8-38-5 (b)
Alaskain the most expeditious time possible and without unreasonable delayAlaska Stat. § 45.48.010 (b)
Arizonawithin 45 days after a determination that a breach has occurred.Ariz. Rev. Stat. § 18-552 (B)
Arkansasin the most expedient time and manner possible and without unreasonable delayArk. Code § 4-110-101 (a) (2)
Californiain the most expedient time possible and without unreasonable delayCA Civ Code § 1798.82 (b)
Coloradoin the most expedient time possible and without unreasonable delay, but not later than thirty daysColo. Rev. Stat. § 6-1-716 (2)
Connecticutwithout unreasonable delay but not later than ninety daysConn. Gen. Stat. § 36a-701b (b)(1)
Delawarewithout unreasonable delay but not later than 60 daysDel. Code Ann. tit. 6 § 12B-102 (c)
District of Columbiain the most expedient time possible and without unreasonable delayD.C. Code § 28-3852 (a)
Floridaas expeditiously as practicable, but no later than 30 daysFL Stat § 501.171 (4)(a)
Georgiain the most expedient time possible and without unreasonable delayGa. Code § 10-1-912 (a)
Hawaiiwithout unreasonable delayHaw. Rev. Stat § 487N-2 (a)
Idahoin the most expedient time possible and without unreasonable delayIdaho Code § 28-51-105 (1)
Illinoisin the most expedient time possible and without unreasonable delay815 ILCS 530/10 (a)
Indianawithout unreasonable delay.Ind. Code § 24-4.9-3-3 (a)
Iowain the most expeditious manner possible and without unreasonable delayIA Code § 715C.2 (1)
Kansasin the most expedient time possible and without unreasonable delayKan. Stat. § 50-7a02 (a)
Kentuckyin the most expedient time possible and without unreasonable delayKy. Rev. Stat. § 365.732 (2)
Louisianain the most expedient time possible and without unreasonable delay, but not later than 60 daysLa. Rev. Stat. § 51:3074 (E)
Maineas expediently as possible and without unreasonable delay10 Me. Rev. Stat. § 1348 (1) (A)
Marylandas reasonably practicable, but not later than 45 daysMd. Code Com. Law § 14Đ3504 (b) (3)
Massachusettsas soon as practicable and without unreasonable delayMass. Gen. Laws 93H § 3 (a)
Michiganwithout unreasonable delay.Mich. Comp. Laws § Section 445.72 Sec 12 (4)
Mississippiwithout unreasonable delayMiss. Code § 75-24-29 (3)
Missouriwithout unreasonable delayMo. Rev. Stat. § 407.1500 (2) (1)
Montanawithout unreasonable delayMont. Code V 30-14-1704 (1)
Nebraskaas soon as possible and without unreasonable delayNeb. Rev. Stat. § 87-803 (1)
Nevadain the most expedient time possible and without unreasonable delayNRS_603A.220
New Hampshireas soon as possibleNH Rev Stat § 359-C:20 (I) (a)
New Hampshirepromptly notify in writingNH Rev Stat § 332-I:5
New Jerseyin the most expedient time possible and without unreasonable delayN.J. Stat. § 56:8-163 (12) (a)
New Mexicoin the most expedient time possible, but not later than 45 daysNM Stat § 57-12C-6 (A)
New Yorkin the most expedient time possible and without unreasonable delayN.Y. Gen. Bus. Law § 899-aa (2)
North Carolinawithout unreasonable delayN.C. Gen. Stat. § 75-65 (a)
North Dakotain the most expedient time possible and without unreasonable delayN.D. Cent. Code § 51-30-02
Ohioin the most expedient time possible but not later than forty-five daysOhio Rev Code § 1349.19 (B) (2)
Oklahomawithout unreasonable delay.OK Stat § 24-163 (A)
Oregonin the most expeditious manner possible, without unreasonable delay, consistent without unreasonable delayOr. Rev. Stat. § § 646A.604 (1) (a)
Pennsylvaniawithout unreasonable delay.73 Pa. Stat. § 2303 (a)
Rhode Islandin the most expedient time possible but no later than forty-five (45) calendar daysR.I. Gen. Laws § 11-49.3-4 (a) (2)
South Carolinawithout unreasonable delayS.C. Code Ann. § 39-1-90 (A)
South Dakotawithin 60 daysSDCL § 22-40-20
Tennesseeimmediately, but no later than forty-five (45) daysTenn. Code Ann. § 47-18-2107 (d)
Texasas quickly as possibleTex. Bus. & Com. Code § Sec. 521.053 (b)
Utahin the most expedient time possible without unreasonable delayUtah Code  § 13-44-202 (2)
Vermontin the most expedient time possible and without unreasonable delay, but not later than 45 days9 V.S.A. § 2435 (b) (1)
Virginiawithout unreasonable delayVa. Code § 18.2-186.6 (B)
Virginiawithout unreasonable delayVa. Code § 32.1-127.1:05 (B)
Washingtonin the most expedient time possible and without unreasonable delay, no more than forty-five calendar daysWash. Rev. Code § 19.255.010 (2)
West Virginiawithout unreasonable delay.W.V. Code § 46A-2A-102 (a)
Wisconsinwithin a reasonable time, not to exceed 45 daysWis. Stat. § 134.98(3)(a)
Wyomingin the most expedient time possible and without unreasonable delayWyo. Stat. § 40-12-502 (a)

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