which of the following states does not have security breach law? course hero

by Elmore Heller 10 min read

Which four states does not have a breach notification law?

All states except Alabama, South Dakota and New Mexico now require notification when information commonly maintained by employers, such as Social Security numbers and driver's license numbers, is compromised.

Do all 50 states have data breach notification laws?

Currently, all 50 states have enacted forms of data breach notification laws.

What is the purpose of state governments imposing a breach notification law on organizations to protect their citizens?

This is where the state government data security breach notification laws step in. They also protect the consumer's right to know if his private data has been breaches and made public. The notification laws have “their foundation in environmental law's “community right to know” (CRTK) provisions”. [8].

Which states have breach notification laws?

All 50 states, the District of Columbia, Guam, Puerto Rico and the Virgin Islands have laws requiring private businesses, and in most states, governmental entities as well, to notify individuals of security breaches of information involving personally identifiable information.

Which states have data breach notification laws?

All 50 states, as well as the District of Columbia, Puerto Rico, Guam, and the Virgin Islands, have enacted breach notification laws requiring private organizations or government entities to notify individuals of a security breach involving their personally identifiable information.

What organizations are exempt from NM data breach notification law?

The State of New Mexico and its political subdivisions are exempted from New Mexico's Data Breach Notification Act. Statute does not apply to entities subject to HIPAA or GLBA.

Who should be notified upon discovery of a breach or suspected breach of PII select all that apply?

1. Notifying the Chief Privacy Officer (CPO); Chief, Office of Information Security (OIS); Department of Commerce (DOC) CIRT; and US-CERT immediately of potential PII data loss/breach incidents according to reporting requirements.

Who has an obligation to report data breaches?

If you are a communications service provider, you must notify the ICO of any personal data breach within 24 hours under the Privacy and Electronic Communications Regulations (PECR). You should use our PECR breach notification form, rather than the GDPR process.

Which states require credit monitoring for data breaches?

Currently, the only states mandating credit monitoring for data breaches are California, Delaware and Massachusetts, which also requires business entities to certify their credit monitoring services are compliant with state law and provide proof to the attorney general and director of consumer affairs and business ...

Do companies have to announce data breaches?

All states, the District of Columbia, Puerto Rico, and the Virgin Islands have enacted legislation requiring notification of security breaches involving personal information. In addition, depending on the types of information involved in the breach, there may be other laws or regulations that apply to your situation.

Is there a federal data breach notification law?

The Data Breach Notification Act aims to enhance data security by ensuring that individuals and law enforcement are notified when sensitive personal information is put at risk and by creating incentives for entities to take steps to secure their data systems.

Does a company have to tell you about a data breach?

Employers Must Disclose Data Breaches to Employees in California. California law requires employers to disclose data breaches to employees as soon as possible. California Civil Code § 1798.82.

What is the Massachusetts security law?

The Massachusetts state security law, Mass. 201 CMR 17, establishes detailed minimum standard to "safeguard . . . personal information contained in both paper and electronic records. The law requires business holding "personal information" to do 10 things:

When should personal information be destroyed?

Although the law does not set forth a specific time by which data must be destroyed, personal information should generally be destroyed once there is no longer any legitimate business need for retaining the information.

What is the purpose of a credit card security officer?

Ensure the security of credit card transactions and related personal information.

What is the intent of the California law?

The authors of the California law stated that its intent was to give consumers an early warning that they were at risk of identity theft and fraud, so that they could take defensive action.

Is the FCRA more protective than the GLBA?

Therefore, state are free to enact consumer protection laws that are more protective than that of the GLBA.

When must a breach of security be notified?

If it is estimated that the affected individuals will be harmed by the breach, they must be notified immediately, except when it might interfere with a criminal investigation. Notices must be sent to mailing addresses in written form, or communicated electronically (consistent with E-SIGN) when need be.

What is a security breach in Alaska?

The definition of a security breach in Alaska is any unauthorized acquisition, or the reasonable belief of such, that compromises the security, integrity, or confidentiality of covered information. Some good-faith acquisitions by employees or agents do not fall under this definition nor does any person working with covered information.

How long does it take to get a breach notification?

Notifications to Individuals. Individuals likely to be harmed by the breach must be notified in writing within 45 days, except when it could interfere with a criminal investigation or national security. The notices are to be sent to their mailing addresses or by email.

How much can an Arizona attorney general prosecute for a breach of contract?

Arizona Attorney General may prosecute for damages and civil penalties up to $10,000 per breach. Government and non-government agencies are subject to the same penalties.

What is cyber liability insurance?

The insurance policy that will protect businesses from data breaches and other forms of cyberattacks is called cyber liability insurance. Cyber liability insurance protects your company by covering the myriad costs that can stack up after a data breach or any other type of cyberattack has occurred.

How much is the civil penalty for a violation of the law?

Government agencies need to pay civil penalties of $500 per resident not notified of the breach, with the maximum total amount being up to $50,000. If the agency is liable for any other violations, that amount may be even higher. In private actions, the limit for penalties is the actual economic damage sustained.

When do companies need to notify of a data breach?

318) companies need to notify individuals of a data breach when the breach is likely to harm those affected. When the information is no longer needed, they must dispose of the data. Businesses need to provide security measures to protect personally identifying information, such as assigning an employee to coordinate these security measures, developing procedures for identifying the risks of an internal or external security breach, adapting security measures to changes in circumstances that may impact the security of sensitive information, and others.

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