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Missouri Data Breach Statute

 

Mo. Rev. Stat. § 407.1500

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Quick Facts

Breach Based on
Harm Threshold

Deadline for
Consumer Notice

Government
Notification Required

YES

without unreasonable delay

YES, if >1,000 residents notified

 

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 other unique identification number created or collected by a government body; account number, credit or debit card number, unique electronic identifier, or routing code in combination with any required security code, access code, or password that would permit access to a resident's financial account; medical information; or health insurance information.
Form of Covered Info Electronic Only
Encryption Safe Harbor Statute does not apply to information that is encrypted, redacted or otherwise altered in such a manner to make it unreadable or unusable.
Breach Defined Unauthorized access and acquisition that compromises the security, confidentiality or integrity 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 scope of the breach and sufficient contact information for affected residents, and to restore the reasonable integrity, security and confidentiality of the system.

Content: Notice must include a general description of the breach; the type of covered info affected; a telephone number for further information and assistance, if one exists; contact information for CRAs; and advice to remain vigilant by reviewing account statements and monitoring free credit reports.

Method: In writing, by telephone (if contact made directly with affected resident), or electronic notice (if entity has valid email address, resident agreed to receive communications electronically, and notice is consistent with E-SIGN). Substitute notice available if certain criteria are satisfied.
Delayed Notice Notification may be delayed if law enforcement determines that notification will impede a criminal investigation or jeopardize national or homeland security. The request must be in writing or documented by the covered entity contemporaneously and include the officer name and agency.
Harm Threshold Notification not required if, after consultation with relevant law enforcement, the covered entity determines that the risk of identity theft or other fraud to any resident is not reasonably likely to occur as a result of the breach. Must document determination and maintain for five years.
Government Notice If more than 1,000 residents are notified, must notify Attorney General's office without unreasonable delay of timing, distribution and content of the consumer notice.
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 immediately 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 March 26, 2018