Some states are more rigorous than others when it comes to keeping their citizen’s data safe. South Dakota introduced its first breach notification law this year. In 2012 Kansas passed a statute regarding brief notifications, and how any entity collecting consumer information must do so in the event of a breach. Within the states that have laws pertaining to e-readers, most have focused on information that can be gathered by public entities like libraries. Even if they aren’t yet beholden to some form of data privacy law, businesses need to start preparing for the inevitable. This doesn’t include individuals, however, who have the chance to sue on a case by case basis. All 50 U.S. states have data breach notification laws, at least 35 states and Puerto Rico each have separate data disposal laws, and at least 25 states have their own data privacy laws. Nevada legislation covers all four aspects of data management. Penalties for violations: Violation remediation can include a civil action for willful violation, or attorney’s fees if the government entity fails to follow the advisory opinion. 11 new state privacy and security laws explained: Is your business ready? Official name: California Consumer Privacy Act (CCPA). This law was signed with proactive rather than reactive data security in mind, making it more in line with the GDPR than legislation found in other states. However, there is a pending bill that would amend that law to exclude employees from the definition of “consumer.”. Which U.S. laws impose requirements for securing data privacy? Geoff Scott is a guest contributor at Termly, and his expertise lies in data & privacy management as well as payment processing. Penalties for violations: Each intentional violation of the law can incur a civil penalty of up to US$5,000, plus “reasonable costs of investigation and litigation of such violation, including reasonable attorneys’ fees.”, Official name: Minnesota Government Data Practices Act (Minn. Stat. The Vermont state government also recently passed a bill that heavily scrutinizes data brokers (any entity in the business of collecting the data of others). But Gillibrand’s bill would not affect state laws like California’s, her office confirmed in an email. Regarding the privacy of Nevada citizens, websites and online services providers must provide their visitors with some form of notice detailing: New Hampshire has data breach laws in place to protect its residents — requiring any entity or person that collects the personal information of consumers to not only notify the affected, but also contact: Regulatory fines could reach $10,000 per violation, so failure to notify consumers (intentionally or not) can quickly become a costly mistake. Similarly, at least 35 states and Puerto Rico each have separate data disposal laws. States with such regulations aim to closely monitor and restrict how businesses / organizations use non-PII data collected from their customers — data such as how many times a user visits a page, how long they stay, and what they look at while they’re there. In addition to safeguards that prevent or deter hacks or intrusions, most of these regulations also impose standards regarding access to, usage of, and disclosure of data. This law goes into effect in January 2020. Now, records of employee and former employee PII must be destroyed as well. Data disposal laws apply to information in both paper and digital form that is no longer relevant to the enterprise. This bill demands breach notifications be made within 30 days, or a business (or government entity) could face penalties from the attorney general. Each type of legislation tries to protect a certain area of privacy. It mandates breach notifications, as well as data disposal policies for businesses. State of privacy: a deep dive into U.S. data protection laws Oct 22, 2020. At least 25 states have laws that address data security practices of private sector entities. At this point, all people, government agencies, and companies who process the PII of others must inform those affected by a breach within 45 days of determining a breach has occurred or face severe fines. However, there is no federal data privacy law or central data protection authority tasked with ensuring compliance. Although the state may be geographically small, Rhode Island’s “Identity Theft Protection Act” (passed in 2015) is a big piece of data security legislation. Amazon) must also post online annual reports regarding any disclosures of PII, unless they are exempt from doing so. Before you go, grab the latest edition of our free Cyber Chief Magazine — it explains the key factors to consider about data security when transitioning to the cloud and shares strategies that can help you ensure data integrity. Maryland’s Personal Information Protection Act was just amended in 2017 to include a 45-day window for breach notification, making it one of the more severe data breach laws enacted by any US state. How do privacy laws in the U.S. differ from the EU’s GDPR? Additionally, California also requires non-financial businesses to disclose to customers the types of entities with which it shares their information. Notices must be written or communicated electronically, unless the cost exceeds $250,000 or there are more than 500,000 residents affected. PROCESSING OF PERSONAL INFORMATION. While a consumer could argue a business didn’t do so and seek compensation through the courts, such vague legal language leans in favor of businesses rather than those whose information was affected. The “Arkansas Personal Information Protection Act” requires businesses to notify consumers “in a timely manner” that their data has been compromised. The state website also provides tips for preventing breaches from happening in the first place that are worth investigating. Data privacy laws are not particularly new: HIPAA (protecting our personal health information) turned 23 years old this year, the GLBA (protecting our financial data) turns 20, PCI DSS (covering credit card data) turns 15. This legislation pairs with their already existing statute mandating breach notifications to help make New Jersey one of the tougher pro-privacy states in the US. The Privacy Act of 9174 regulates the way federal government records pertaining to individuals are handled by federal agencies. The proposed regulation is stronger than other state laws in that it requires businesses to put their customers’ privacy before their own profits. Texas (HB 4390) – Texas’ new data privacy law has been in effect since January 1, 2020. Massachusetts’s newest data protection law (boisterously titled the “Standards for the Protection of Personal Information of Residents of the Commonwealth”), demands businesses take measures to protect the security of their customer’s data, as well as mitigate breaches. Many companies also share or sell this data to third parties who use the information for their own proprietary needs. Therefore, private employees must look to common, or judge-made, law to find privacy protections. Note that this is still much more generous than the 72-hour window granted by Europe’s GDPR. As governments work to take protection of data privacy rights under control, organizations are having to reconsider how they collect, store and process personal information. governs the privacy and disclosure of personal information gathered by state Departments of Motor Vehicles, including photographs, Social Security Number (SSN), Driver Identification Number (DID), name, address (but not the five-digit ZIP code), telephone number, medical information and disability … Privacy Act of 1974 — Protects personal information maintained by federal agencies 2. Several states (see above) have privacy laws working their way through the legislatures. Provides an overview of the key privacy and data protection laws and regulations across the globe. Whether the federal government decides to step up to the plate in a similar manner to the European Union is yet to be seen. When a business receives an inquiry about the information collected and stored about an individual, it must verify that the person making the request is actually who they claim to be before responding. For instance, compromised data covering the biometrics or medical details of residents and even stolen security tokens are significant enough to trigger a mandatory notification. These states are actively developing and amending their data privacy legislation, and detailing the similarities and differences in their approaches will help illuminate the complexity of privacy protection. 11. In 2015, Wyoming’s state legislature amended their data breach notification law to incorporate more types of information. Instead, most regulation is at the state level, so state attorneys general play a key role in enforcement. Official name: Standards for The Protection of Personal Information of Residents of the Commonwealth (201 CMR 17.00), Regulatory authority: Office of Consumer Affairs and Business Regulation. It establishes notification timeline requirements for breach notifications and also establishes a Texas Privacy Protection Advisory Council. Privacy Policy Template for Small Business, Privacy by Design: Guide to 7 Privacy by Design Principles. E-Reader privacy protects the content of library records, including digital records, search records, and any other information that can identify the consumer. Table of Contents Also, according to section (g) of their 2013 statute — if a third party provider storing data for another business is gets breached at any point, it is up to the prior arrangement made between the provider and the business to determine who is responsible for notifying Wyoming residents. We hope we’ve helped you on your path to making your website or app legally compliant. 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