State Attorneys General

Massachusetts Attorney General Maura Healey has unveiled a new, “easier and more efficient” way to notify her office of data breaches. The Massachusetts Attorney General’s Office has created an online portal and web form for submitting data breach notifications.  An email announcing the changes was transmitted this week to attorneys who have previously filed data breach notices on behalf of clients. The email requested our “assistance in passing the message along,” which we are hereby doing.

Attorney General Healey stated, “This new feature allows businesses to more efficiently report data breaches so we can take action and share information with the public.”  The Attorney General Office’s website will soon include a publicly accessible database of data breaches reported to the Office. Other states, including California and Maryland, have similar public databases.

Continue Reading Massachusetts Attorney General Launches Online Data Breach Reporting Portal

Add South Dakota (site of Ballard’s newest office) and North Carolina to the list of states considering new data security legislation. South Dakota is poised to become the 49th state to enact a data breach notification law, while North Carolina is considering a very significant expansion of its existing law.

Will South Dakota Become No. 49?

The South Dakota Senate passed SB 62 on January 25, 2018. The bill, which now heads to the South Dakota House of Representatives, generally would require an “information holder” to notify South Dakota residents of any “breach of system security” involving their “personal or protected information.” Subject to certain exceptions, notification to South Dakota residents must be made “not later than sixty days from the discovery or notification of the breach of system security.” The South Dakota Attorney General and “all consumer reporting agencies as defined in 15 U.S.C. § 1681a” also must be notified of breaches involving more than 250 South Dakota residents. Notification to South Dakota residents is not required “if following appropriate investigation and notice to the attorney general, the information holder reasonably determines that the breach will not likely result in harm to the affected person.” Continue Reading South Dakota and North Carolina Consider New Data Security Legislation

With the New Year comes new data breach compliance obligations! Two Mid-Atlantic states have cybersecurity related compliance statutes that have – or will soon – take effect. Are you ready?

New Year’s Day ushered into effect the amended Maryland Personal Information Protection Act, which expands the definition of “personal information,” creates a 45-day deadline for providing notice of a breach, allows for substitute service when the breach enables an individual’s e-mail to be accessed, and increases the class of information subject to Maryland’s destruction of records laws. To the customary litany of data elements comprising “personal information,” Maryland has added personal health and health insurance information, biometric data, online account credentials and passport/government ID numbers. The amended data destruction provision now applies to customer and employee/former employee records containing personal information. See our prior alert detailing the amendments here. Continue Reading New 2018 Data Breach Compliance Obligations Begin Going into Effect