data privacy laws by state

Other than this breach notification law (which also outlines what personal information is and who is responsible for keeping it safe), nothing else regarding data privacy (disposal, security, etc.) Enacted in 2018, the California Consumer Privacy Act (CCPA) is scheduled to take effect in 2020, posing a host of new data privacy compliance challenges for companies with customers in California or clients who do business in the state, which is the sixth-largest economy in the world. Also worth mentioning is that KRS 365.734 (which went into effect in July 2014) restricts the use of student PII by cloud computing service providers — barring them from collecting email addresses, phone numbers, photos, and other such data that helps identify students. Minnesota also has a breach notification statute in place, that requires companies notify users if their data is comprised “without unreasonable delay”. 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. To this end, we surveyed local counsel in 37 jurisdictions throughout the Americas, EMEA, and APAC, and asked them to describe the legal risks associated with violations of data protection laws, and summarize enforcement activities among local data protection authorities. This doesn’t include individuals, however, who have the chance to sue on a case by case basis. The U.S. still lags behind the EU with regard to privacy protection. Around the world, from living rooms to boardrooms to legislatures, data privacy is a salient and growing concern.As more and more aspects of life have shifted online in recent years, people and governments have begun to recognize that our digital actions leave behind footprints. However, certain companies/entities that fall under the purview of federal legislation, like health care providers and financial institutions, must adhere to their own set of rules regarding such situations (like HIPAA, for instance). Californian consumers were the only ones notified of this breach, however, because California was the only state at the time with a mandatory breach notification law. These laws include: 1. It has extraterritorial effect, as it covers non-CA businesses that operate in California. Since then, all 50 states plus the District of Columbia, Puerto Rico, Guam, and the Virgin Islands have implemented rules requiring notification to individuals when their personal information (PI) has been compromised. Failure to do so can result in increasingly severe monetary penalties ($1,000 per day after the 45-day period, $5,000 after the 60th day, and $10,000 per day after the 90th day). As we head further into the 21st century, more laws will be enacted to protect the privacy rights of US citizens. The result is that while the EU has one basic law covering data protection, privacy controls and breach notification , the U.S. has a patchwork of state and federal laws, common law and public and private enforcement that has evolved over the last 100 years and more. September 10, 2018 | By Geoff Scott | Reviewed By Masha Komnenic CIPP/E, CIPM, CIPT, FIP, Home Resources Articles Internet Privacy Laws in the US: A Guide to All 50 States. The language and definitions in these laws provide a baseline for the development of a comprehensive federal data privacy law. They also limit the sharing of PII related to any library user (actual or online), but do allow the release of that information to law enforcement agencies if necessary. As it stands, Oklahoma’s government only has legislation regarding breach notifications in place (titled the “Security Breach Notification Act”), and even this legislation is less severe than that of other states. There are four major categories of data oversight that US state governments have been addressing in recent legislation: Each of these categories pertains to the ways user information is maintained, used, and shared. The laws do not have any provisions explicitly to protect the privacy of consumer data held by suppliers of goods and services. This law was further modified in July, 2018 to include a data disposal statute, a breach notification timeline (60 days from discovery to notify), as well as data security measures companies must take to ensure the protection of their users. It doesn’t have a specific deadline for breach notifications (using unclear, “as soon a reasonably possible” language). However, there is no federal data privacy law or central data protection authority tasked with ensuring compliance. Failure to address a violation leads to a civil penalty of up to US$7,500 for each intentional violation and US$2,500 for each unintentional violation. However, there is a pending bill that would amend that law to exclude employees from the definition of “consumer.”. In July of 2017, New Jersey enacted the Personal Information Privacy and Protection Act, a bill that restricts the use of customer information by businesses and limits what third party services can do with such information. The state website also provides tips for preventing breaches from happening in the first place that are worth investigating. Notice/transparency requirements — An obligation placed on a business to provide notice to consumers about certain data practices, privacy operations, and/or privacy programs. Nevada legislation covers all four aspects of data management. a uniform student data privacy terms-of-service agreement addendum for use in contracts, would require a one-time annual notice relating to contracts entered into by the board of education, would require the Department to provide written guidance on the laws relating to student data privacy… The rules governing notifications include informing the victim what happened, what information was involved, and what the entity is doing about it. Similarly, at least 35 states and Puerto Rico each have separate data disposal laws. Although there’s no specific timeline in which businesses must inform their users a breach occurred, the process seems more transparent than in other states — with the state attorney general listing recent breach notifications online and publishing annual reports of the breaches that transpired during that year. HR professionals have many responsibilities, but none as important as their duty to protect employees and the company. SEC. The regulation establishes a classification system. Between that, the existing state-level laws and those in other parts of the world, businesses of all sizes must start seriously evaluating their data handling processes and putting the necessary safeguards in place. These laws apply to any collection of data on German soil, and Federal Data Protection Agency and 16 separate state data protection agencies enforce them. 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. Scope: The NYPA applies to “legal entities that conduct business in New York” or that “intentionally target” residents of New York with their products or services, which gives the law extra-territorial application. Notices must be written or communicated electronically, unless the cost exceeds $250,000 or there are more than 500,000 residents affected. Connecticut also requires employers within the state to notify their workers if they monitor their email accounts or internet access. The most recent amendment to their data breach notification law demands notifications occur within 45 days of the breach being discovered, but exempts “HIPAA covered entities” since they follow their own rule for notifying consumers. The attorney general must be told of every breach scenario as well. 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. In some cases, there is less privacy protection in states that have a law than does who do not. This amendment widens the range of data that must be disposed of by companies. The United States does not have a comprehensive law governing data collection, protection and privacy. Types of legislation include: He blogs weekly for an ISO, and writes articles for major ecommerce sites like GoDaddy, LemonStand, and PrimaSeller. Each type of legislation tries to protect a certain area of privacy. 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). If the breach affected over 1,000 users, consumer reporting agencies must be contacted immediately (48 hours maximum to comply). The law currently requires businesses to extend the rights provided by the CCPA to their employees. Oregon’s Information Security Law was also updated in 2018, and emphasizes the importance of website security for businesses that collect customer data. A patchwork of state regulation would institute a more limiting, highly-regulated environment based on the policy choices of a few states. However, it excludes information obtained from publicly available sources. For willful violations, the court can also impose criminal penalties on public employees, suspend them without pay or dismiss them. In the absence of comprehensive federal legislation regulating data privacy, the U.S. is governed by sector-specific and state-specific laws that control the sharing of particular types of personal data. The new law will go into effect on Sept. 1, 2018. Also worthy of mentioning is that Tennessee is the first state to make such an amendment. Product Evangelist at Netwrix Corporation, writer, and presenter. As a result, states have been handling this responsibility on their own. For more information about state data breach notification laws or other data privacy or cybersecurity matters, please contact your Foley attorney or the following: State Data Breach Notification Laws Chanley Howell Partner Jacksonville 904.359.8745 chowell@foley.com Aaron Tantleff Partner Chicago 312.832.4367 Please note this is only an information summary and is in no way a substitute either for consulting the laws themselves or for taking appropriately qualified legal advice. Michigan has had legislation addressing data breaches since 2004, but does not give a specific timeframe for breach notifications. It mandates data encryption, pushes for monitoring and reinforcement of security systems, and encourages the education of employees to reduce human error as much as possible. One of the key terms of the law is that businesses must respond promptly to inquiries of California consumers regarding what personal data is being collected about them and whether it is being sold or disclosed. For example, if a foreign company does business in California and collects the personal information of California residents while the consumers are in California, it is subject to the CCPA. Consider reading more into the details on California’s major (and severe) privacy laws like the recently passed CCPA and the children-privacy-targeted COPPA, because Californian consumers are likely landing on your site (which would make these laws apply to your business). In NSW, Victoria and the Australian Capital Territory (ACT) private sector health service providers must comply with both Australian and state or territory privacy laws when handling health information. Consumer privacy rules require companies to inform consumers what they’ve collected about them, who they’ve shared it with and how it is used. Argentina also actively shares personal information with other countries. Destruction/disposal of data is also acknowledged in their privacy statutes. Now 48 US states, the District of Columbia, Guam, Puerto Rico and the US Virgin Islands have enacted their own data breach notification laws that require affected individuals to be notified in the event of an information security breach. Alaska’s “Personal Information Protection Act” became the law of the land on July 1st, 2009. To protect student information, several state legislatures have enacted their own laws governing data security. § 45.48.010 et seq. New York’s Stop Hacks and Improve Electronic Data Security Act (or the “SHIELD Act” for those in the know) is a big piece of privacy legislation still being ironed out by the state legislature that aims to protect NY residents’ sensitive personal information. Note that this is still much more generous than the 72-hour window granted by Europe’s GDPR. The right of access to personal information collected or shared – The right for a consumer to access from a business/data controller the information or categories of information collected about a consumer, the information or categories of information shared with third parties, or the specific third parties or categories of third parties to which the information was shared; or, some combination of … How many U.S. states have data privacy laws? Arizona law also includes provisions related to the disposal of data, which applies to both government and business entities. For e-commerce sites, America’s data management matrix can be confusing since not every state addresses the four key areas of data oversight. Therefore, private employees must look to common, or judge-made, law to find privacy protections. Most of these data security laws require businesses that own, license, or maintain personal information about a resident of that state to implement and maintain "reasonable security procedures and practices" appropriate to the nature of the information and to protect the personal information from unauthorized access, … In the absence of comprehensive federal legislation regulating data privacy, the U.S. is governed by sector-specific and state-specific laws that control the sharing of particular types of personal data. The remaining three concerns are managed as each state sees fit within its jurisdiction: In general, these laws govern how a business collects, stores and keeps its confidential consumer data safe. The “Colorado Consumer Protection Act” went into effect in 2016, and it requires businesses to have a policy for the destruction of consumer personal information. It also includes a 30 day breach notification clause. Click on the individual states to see your data breach notification obligations. make North Carolina one of the forerunners of data-privacy rights in the US. Another law that was recently passed in New York, the Stop Hacks and Improve Electronic Data Security (SHIELD) Act, might affect the NYPA, because the SHIELD Act updates New York’s breach notification requirements and consumer data protection obligations, and also broadens the state Attorney General’s oversight with regards to data breaches impacting New Yorkers. Please note this is only an information summary and is in no way a substitute either for consulting the laws themselves or for taking appropriately qualified legal advice. Furthermore, if the aforementioned breach affects 1,000 consumers or more, it is necessary to contact all consumer reporting agencies across the US of “the timing, distribution, and content” of the notifications. Obtain consent & manage cookie preferences, Scan your website for GDPR and CCPA compliance, Informational articles on privacy law compliance & best practices, Internet Privacy Laws in the US: A Guide to All 50 States, Final Thoughts About Online Privacy in the US, the final state to enact a breach notification law, within 45 days of determining a breach has occurred, destroying personal information after it’s been used, encounters a security breach that affects at least 500 Iowa residents, public agencies… and non-affiliated third parties, restricts the use of student PII by cloud computing service providers, Database Security Breach Notification Law, include a 45-day window for breach notification, proactive rather than reactive data security, Montana expanded their breach notification law, requires businesses have a data disposal strategy, Nebraska’s state legislature amended their primary data privacy bill, New Hampshire has data breach laws in place, Personal Information Privacy and Protection Act, the 48th state to tackle the issue of data breaches, Stop Hacks and Improve Electronic Data Security Act, a 60% increase in data breaches between 2015 and 2016, a different set of data security laws established by the Department of Financial Services. Although its status is currently pending, this bill would be a big step toward greater data breach transparency if it passed into law — requiring businesses to follow stricter data protection measures, and mandating breach notifications by both companies and third party service providers whenever a breach occurs. Additionally, California also requires non-financial businesses to disclose to customers the types of entities with which it shares their information. Companies have 45 days maximum to notify affected individuals once the breach has been discovered. In 2015, more than 180 student privacy bills were introduced, of which 28 became laws. This bill also lists out the various methods of acceptable notification, which includes. There are California and Nevada privacy laws, and all the other US states privacy laws. Q: Which states have privacy laws? The 4 Main Areas of Data Oversight General Data Privacy Principles. Provisions: This California law governs the collection, sale and disclosure of the personal information of California residents. Meanwhile, businesses need to stay abreast of the state laws because they can have extra-territorial application and steep penalties for compliance violations. A: Very few — three in total! The law protects the security and confidentiality of both consumer and employee Personal information includes first name, last name, Social Security number, driver’s license number, state-issued ID card number, financial account number, credit or debit card number, and any access code that enables allow to a person’s financial information. State of privacy: a deep dive into U.S. data protection laws Oct 22, 2020. This bill demands breach notifications be made within 30 days, or a business (or government entity) could face penalties from the attorney general. E-Reader privacy protects the content of library records, including digital records, search records, and any other information that can identify the consumer. Official name: California Consumer Privacy Act (CCPA). © 2020 Netwrix Corporation. There’s also a 45-day maximum period following the discovery of a breach that a company has to notify anyone affected by it. “House Bill No. Whether the federal government decides to step up to the plate in a similar manner to the European Union is yet to be seen. The law also requires business to take “reasonable steps” to verify that third-party service providers with access to personal information have the capacity to protect that information. Texans have seen a variety of cybersecurity and privacy laws implemented recently, making their government one of the more proactive ones (in terms of data protection) in the US at this point. Such as a result, companies have 45 days maximum to notify their workers if they monitor their accounts... 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