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Ohio Data Breach Statute

 

Ohio Rev. Code Ann. §§ 1349.19, 1349.191, 1349.192

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Quick Facts

Breach Based on
Harm Threshold

Deadline for
Consumer Notice

Government
Notification Required

YES

Most expedient time possible
but no longer than 45 days

NO

 

More Details

Scope of this Summary Notification requirements applicable to individuals or commercial entities that conduct business in the state and 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 identification card number; or financial 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, redacted or altered in a manner that renders it unreadable.
Breach Defined Unauthorized access and acquisition that compromises the security or confidentiality of the covered info that causes, or is reasonably believed to have caused, identity theft or other fraud to a resident, excluding certain good faith acquisitions by employees or agents and acquisitions pursuant to a warrant, subpoena, or other court order.
Consumer Notice Timing: Must be made in the most expedient time possible but not later than 45 days following its discovery of the breach consistent with any measures necessary to determine the scope of the breach, including which residents were affected, and to restore the reasonable integrity of the system.

Method: By written notice, telephone notice or electronic notice if it is the covered entity's primary method of communication with resident. Substitute notice is available if certain criteria are satisfied.
Delayed Notice Notification may be delayed if law enforcement determines that the notification will impede a criminal investigation or jeopardize homeland or national security.
Harm Threshold Notification not required if the covered entity reasonably believes that the breach has not and will not cause a material risk of identity theft or other fraud to any Ohio resident.
Consumer Agency Notice If more than 1,000 Ohio residents are notified, must notify all nationwide CRAs without unreasonable delay of timing, distribution, and content of the consumer notice. CRA notice may not delay any other required notifications.
Third-Party Notice If you maintain covered info on behalf of another entity, you must notify them in an expeditious manner following determination of a breach if the breach causes, or is reasonably believed will cause, a material risk of identity theft or fraud to a resident.
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