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Tennessee Data Breach Statute


Tenn. Code § 47-18-2107

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Quick Facts

Breach Based on
Harm Threshold

Deadline for
Consumer Notice

Notification Required


Immediately but no later than 45 days



More Details

Scope of this Summary Notification requirements applicable to persons or businesses that conduct business 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 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 encrypted, so long as encryption key was not accessed or acquired.
Breach Defined Unauthorized acquisition that materially 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 no later than 45 days after discovery or notification of the breach.

Method: By written notice or electronic notice (if consistent with E-SIGN or is the primary method of communication with the resident). 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. If notification is delayed, it must be made no later than 45 days after law enforcement determines that notification will not compromise the investigation.
Consumer Agency Notice If more than 1,000 persons 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