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North Dakota Data Breach Statute

 

N.D. Cent. Code § 51-30-01 -- 07

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Quick Facts

Breach Based on
Harm Threshold

Deadline for
Consumer Notice

Government
Notification Required

NO

Most expedient time possible and
without unreasonable delay

YES, if > 250 individuals affected

 

More Details

Scope of this Summary Notification requirements applicable to persons that conducts businesses in the state 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 non-driver color photo identification card number assigned by the DOT; financial account number, credit card or debit card number in combination with any required security or access code, or password that would permit access to a financial account; date of birth; maiden name of the resident's mother; medical information; health insurance information; employee identification number in combination with any required security code, access code, or password; or digitized or other electronic signature.
Form of Covered Info Electronic Only
Encryption Safe Harbor Statute does not apply to information that is secure by encryption or any other method or technology that renders the covered info unreadable or unusable.
Breach Defined Unauthorized acquisition of covered info, excluding certain good-faith acquisitions by employees or agents.
Consumer Notice Timing: Must be made in the most expedient time possible and without unreasonable delay and consistent with any measures necessary to determine the scope of the breach and to restore the integrity of the system.

Method: By written notice or electronic notice if consistent with E-SIGN. Substitute notice is available if certain criteria are satisfied.
Delayed Notice Notification may be delayed if law enforcement determines notice may impede a criminal investigation.
Government Notice Must notify the Attorney General via mail or email of any breach that affects more than 250
individuals.
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