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Pennsylvania Data Breach Statute

 

73 Pa. Cons. Stat. §§ 2301 -2308, 2329

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Quick Facts

Breach Based on
Harm Threshold

Deadline for
Consumer Notice

Government
Notification Required

YES

Without unreasonable delay

NO

 

More Details

Scope of this Summary Notification requirements applicable to entities that maintain, store or manage covered info. Some types of businesses may be exempt from some or all of these requirements and non-commercial entities may be subject to different requirements.
Covered Info First name or first initial and last name, plus: Social Security number; driver's license or state identification card number; or financial account, credit card or debit card number in combination with any required security or access code or password that would permit access to a resident's financial account.
Form of Covered Info Electronic Only
Encryption Safe Harbor Statute does not apply to information that is encrypted or redacted, so long as encryption key was not accessed or acquired.
Breach Defined Unauthorized access or acquisition that materially compromises the security or confidentiality of the covered info, excluding certain good-faith acquisitions by employees or agents.
Consumer Notice
Timing: Must be made without unreasonable delay taking any necessary measures to determine the scope of the breach and to reasonably restore the integrity of the system.

Content: If notice is given by telephone, it must be clear and conspicuous, describe the incident in general terms, verify that covered info but does not require the consumer to provide the covered info to the entity, and provides a telephone number or Internet website to visit for further information or assistance.

Method: In writing to the last known home address, by telephone if the consumer can be reasonably expected to receive it, or by email if a prior business relationship exists and the entity has a valid email address. Substitute notice is available if certain criteria are satisfied.
Delayed Notice Notification may be delayed if law enforcement determines and advises the covered entity in writing that notification will impede a criminal or civil investigation.
Harm Threshold Notification not required if the covered entity reasonably believes that the breach has not and will not cause loss or injury to any Pennsylvania resident.
Consumer Agency Notice If more than 1,000 residents are notified, must notify all nationwide CRAs without unreasonable delay of timing, distribution and content of the consumer notice.
Third-Party Notice If you maintain covered info on behalf of another entity, you must notify them following discovery of a breach.
Potential Penalties Violations may result in civil penalties.

 

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This summary is for informational purposes only. It provides general information and not legal advice or opinions regarding specific facts. Additional requirements or conditions may apply to any or all provisions referenced herein. For more information about the state data breach notification laws or other data security matters, please seek the advice of counsel.

Last revised on July 11, 2016