Skip to content
DWT logo
People Expertise Insights
About Locations Careers
Search
People
Expertise
Insights
About
Locations
Careers
Search

Michigan

See the Summary of U.S. State Data Breach Maps

Quick Facts

Breach Based on Harm Threshold: YES
Deadline for Consumer Notice: Without unreasonable delay
Government Notification Required: NO

Mich. Comp. Laws §§ 445.61, 445.63, 445.72

More Details

Scope of this Summary

Notification requirements applicable to individuals or entities that own, license or maintain 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 ID card number; or 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 and acquisition that 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, consistent with any measures necessary to determine the scope of the breach and restore the reasonable integrity of the system.

Content: Notice must be communicated in a clear and conspicuous manner; describe the breach in general terms; describe the type of covered info subject to the breach; generally describe steps taken protect data against further breaches, if applicable; provide a telephone number the resident may call for assistance or additional info; and remind the resident of the need to remain vigilant for incidents of fraud and identity theft.

Method: By written, electronic or telephone notice. The statute specifies requirements for each type of notice. Substitute notice is available if certain criteria are satisfied.

Delayed Notice

Notification may be delayed if law enforcement determines that notification will impede a criminal or civil investigation or jeopardize national or homeland security.

Harm Threshold

Notification not required if entity determines that the breach has not and is not likely to cause substantial loss or injury to or result in identity theft with respect to one or more Michigan residents.

Consumer Reporting Agency Notice

If more than 1,000 residents are notified, after notifying those residents the covered entity must notify all nationwide CRAs without unreasonable delay of timing and number of resident notices.

Third-Party Notice

If you maintain covered info on behalf of another entity, you must notify them of a breach unless you determine that the breach has not and is not likely to cause substantial loss or injury to, or result in identity theft with respect to, one or more Michigan residents.

Potential Penalties

Violations may result in civil penalties. It is also a crime to falsely send out notices where no breach has occurred with the intent to defraud.

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 26, 2019

DWT logo
©1996-2020 Davis Wright Tremaine LLP. ALL RIGHTS RESERVED. Attorney Advertising. Prior results do not guarantee a similar outcome.
NAVIGATE
Home People Expertise Insights
About Locations Careers Events Blogs
STAY CONNECTED

Subscribe to stay informed.

Subscribe
Employee Login
DWT Collaborate
EEO
Affiliations
Legal notices
Privacy policy
©1996-2020 Davis Wright Tremaine LLP. ALL RIGHTS RESERVED. Attorney Advertising. Prior results do not guarantee a similar outcome.
Close
Close

CAUTION - Before you proceed, please note: By clicking “accept” you agree that our review of the information contained in your e-mail and any attachments will not create an attorney-client relationship, and will not prevent any lawyer in our firm from representing a party in any matter where that information is relevant, even if you submitted the information in good faith to retain us.