Kaori Ishii and Taro Komukai hypothesized that Japanese culture offers a possible explanation for why there is no specific data breach notification law to encourage companies to strengthen data security. The Japanese public, and especially the media, condemn the leaks. As a result, data breaches quickly lead to a loss of customer trust, brand value, and ultimately profits. An example of this is that Softbank quickly lost 107 billion yen after a data breach in 2004 and Benesse Corporation lost 940,000 customers after the data breach. This led to compliance with the disclosure of data leaks in accordance with the Directive. [16] A serious harm caused by data breaches is identity theft. Identity theft can harm individuals if their personal information is stolen and used by another party to cause financial harm, such as: Withdrawing their money, not financially, such as fraudulently claiming their health services and pretending to be them and committing crimes. [31] Based on data collected by the U.S. Federal Trade Commission from 2002 to 2009, the use of data breach reports reduced identity theft by 6.1%. [32] For more information about state data breach notification or other data security issues, please contact one of the following individuals listed below or another member of Foley`s cybersecurity practice. This chart does not cover non-data owners. If you are not the owner of the data in question, consult applicable laws and consult legal counsel. This table also does not cover: This table does not include state laws that require reporting of student data breaches.
U. Data breach notification laws vary across all 50 U.S. states and territories. Each law must be applied to each situation to determine whether a reporting obligation is triggered. In addition, in some states, only the state attorney general can bring an action for violation of state law, while other states allow a private action by a data subject. While all States require notification “without undue delay”, some States specify a specific time frame within which affected persons must be notified as soon as the violation is discovered (for example, within 30, 45 or 60 days). In general, most state laws follow the basic principles of the original California law: companies must immediately disclose a data breach to customers, usually in writing. [24] California has since expanded its law to include compromised medical and health insurance information. [25] Where bills differ most is at what level the violation must be reported to the Attorney General (usually if it affects 500 or 1000 or more people). Some states, such as California, post these breach notices on their oag.gov websites.
Breaches must be reported if “sensitive personal data has been acquired or reasonably expected to have been acquired from an unauthorized person and is reasonably likely to cause significant harm to the individuals to whom the information relates.” [26] This leaves room for interpretation (will it cause significant harm?); However, encrypted data breaches do not need to be reported. There is also no need to report whether data has been obtained or accessed by unauthorized persons, as long as there is no reason to believe that they will use the data in a detrimental manner. Please note that states may periodically change their respective data breach notification laws, and these changes may affect or modify current data breach notification requirements. DWT`s breach notification summaries will be updated as soon as these changes become effective. Please refer to the date of the last revision on each summary page for more information on when the last updates were made to each status summary. Generally, reporting obligations under state data breach laws are triggered when a “security breach” involves “personal data” as defined by law. California law, on the other hand, includes a more general requirement that companies that own or license personal information about California residents implement and maintain appropriate security measures and procedures to protect that information. Recent laws in New Mexico and Alabama contain similar provisions, and Illinois has amended its law to include such a provision as well.
Other states with adequate safety requirements include: Arkansas, Delaware, Florida, Nevada, Indiana, Maryland, Connecticut, New Jersey, Oregon, Rhode Island, and Utah. Common provisions of privacy breach notification laws include: On February 22, 2018, Australia passed the Privacy (Reportable Data Breaches) (Cth) Amendment Act 2017, which came into force in 2018. This amended the Privacy Act 1988 (Cth), which had established a system for notifying data breaches involving personal data resulting in damage. Now, companies with existing personal data security obligations under Australian privacy law are required to notify the Office of the Australian Information Commissioner (OAIC) and data subjects of any “legitimate data breach”. [11] The change stems from major data breaches in Australia, such as the Yahoo hack in 2013, which involved thousands of government officials, and the data breach by the Australian Red Cross NGO, which published 550,000 personal data of blood donors. The increase in data breaches by countries and individuals is obvious and alarming, as the number of reported data breaches increased from 421 in 2011 to 1,091 in 2016 and 1,579 in 2017, according to the Identity Theft Resource Centre (ITRC). [8] [9] It has also affected millions of people and raised awareness due to major data breaches such as the October 2017 Equifax breach, which exposed nearly 146 million pieces of personal data. [10] Click here to download a fully searchable PDF document containing information on current breach reporting laws in each of the 50 states, D.C.
and Puerto Rico. While most state data breach reporting laws include similar elements, there are important differences, meaning that a one-size-fits-all approach to notification is not enough. In addition, states are responding by changing their statuses more frequently and in varying ways as data breaches continue to increase, creating compliance issues. Organizations need to make monitoring these changes a priority to prepare for and respond to data breaches. Traffic data of subscribers who use voice and data through a network company is only stored by the company for operational reasons. However, traffic data should be deleted when it is no longer needed to prevent breaches. However, traffic data is required for the creation and processing of the subscriber`s bill.