Quick Facts
Breach Based on Harm Threshold: YES
Deadline for Consumer Notice: Most expedient time possible without unreasonable delay but no later than 45 days
Government Notification Required: YES
More Details
Scope of this Summary
Covered Info
Form of Covered Info
Encryption Safe Harbor
Breach Defined
Consumer Notice
Timing: Must be made in the most expedient time possible and without unreasonable delay but no later than 45 days after discovery of breach, consistent with any measures to determine scope of the breach and to restore the reasonable integrity, security and confidentiality of the system.
Content: Notice must be clear and conspicuous and include description of: incident in general terms; type of covered info subject to the breach; general acts taken to protect the covered info from further security breach; a telephone number (toll-free, if available) that can be called for further info and assistance; advice to remain vigilant by reviewing account statements and monitoring free credit reports; and approximate date of the security breach. Additional requirements apply to electronic notice.
Method: By written notice, telephone notice (if directly contact the resident via a live call), or electronic notice (if primary method of communication with resident or is consistent with E-SIGN). Substitute notice available if certain criteria are satisfied.
Delayed Notice
Harm Threshold
Government Notice
Consumer Reporting Agency Notice
Third-Party Notice
Potential 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 July 29, 2019