What are security breach notification laws, and what do they require?
What will be an ideal response?
In response to data breaches involving the misappropriation of consumer and customer information from businesses where the information was digitally stored, all 50 states have enacted security breach notification laws, also called data breach notification laws. These laws require private and governmental entities that have been subject to a data breach to notify customers or other affected parties of the security breach that their personal information has been obtained by an unauthorized party. Personal information is usually defined as a person's name combined with a social security number, credit card information, account number, financial information, and such.
States laws require that individuals whose information has been obtained must be notified within a specified period of time after the breach has been discovered. Many state security breach notification laws apply to employee information, as well as to medical and health records.
Entities that suffer a data security breach are usually only subject to civil liability if they (1) have failed to implement steps that are required by law or that are reasonable in the circumstances to protect private information from being stolen, or (2) have not complied with data breach notification laws or taken reasonable post-breach actions to remedy the situation or mitigate the harm caused by the breach.
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