“reasonable” time frame. (Wisconsin requires notice within 45 days). Some states allow for a private right of action. Minnesota actions may be brought by the Minnesota Attorney General . One bill introduced in the Minnesota legislature would have required notification of a consumer within 48 hours of discovery of the data breach. The variety in state laws is one of the most compelling justifications for a comprehensive federal breach notification law. State Data Breach Notification Statute Updates. Now that each of the fifty states, Washington DC, Guam, Puerto Rico, and the U.S. Virgin Islands all have their own data breach notification statutes, the focus has shifted to updating and strengthening these laws. These updates usually involve new reporting requirements, expanding the definition of what is considered personal information, and shortening the time that businesses have to report breaches. State Data Protection and Security Laws As discussed above there are several industry-specific data privacy- related laws at the federal level. Many states have now enacted their own industry-neutral laws which regulate the use, transmission, storage, and dissemination of personal information. Such laws generally contain components regulating the use of social security numbers, notification for breaches of personal information, affirmative obligations to safeguard personal information, and the destruction of records containing personal information. A business must be certain that its requirements and policies regarding the collection, sharing, and use of personal information comply with the laws applicable to where it conducts business. Personal information subject to these state laws and regulations may include a government identification card or license, social security numbers, residential addresses, birthdates, credit worthiness, employment information, personal references, criminal indictments or convictions, civil litigation, or other dispute resolution and regulatory proceedings.
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