Mississippi

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

Miss. Code Ann. § 75-24-29

Scope of this Summary

Notification requirements applicable to persons that conduct business in Mississippi and who, in the ordinary course of business 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 secured by encryption or any other method or technology that renders the covered info unreadable or unusable.

Breach Defined

Unauthorized acquisition of covered info.

Consumer Notice

Timing: Must be made without unreasonable delay, subject to the completion of an investigation to determine the nature and scope of the breach or to restore the reasonable integrity of the system.

Method: By written notice, telephone notice, or electronic notice (if that is the primary means of communication with the affected resident or if it is consistent with E-SIGN). Substitute notice is available if certain criteria are satisfied.

Delayed Notice

Notification may be delayed for a reasonable period of time if law enforcement determines that notification will impede a criminal investigation or national security and agency has requested that the notification be delayed.

Harm Threshold

Notification not required if, after an appropriate investigation, the covered entity determines that breach will not likely result in harm to residents.

Potential Penalties

Violations may result in civil penalties.

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 March 26, 2018