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ARTICLE · 30 MAY 2019

Maryland Amends Data Breach Notification Law To Improve Incident Response

On April 30, 2019, Maryland enacted an amendment to Maryland's Personal Information Protection Act (Md. Code Ann. § 14-3504), which becomes effective on October 1, 2019.

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On April 30, 2019, Maryland enacted an amendment to Maryland's Personal Information Protection Act (Md. Code Ann. § 14-3504), which becomes effective on October 1, 2019. The amendment was introduced in response to a rise in consumer complaints about identity theft. Reportedly, over one third of all identity theft complaints in Maryland are based on credit card fraud. After significant previous expansions to the statute, this time the Maryland legislature sought to revise existing law to address how businesses cooperate with each other in order to facilitate incident response.

Expanded Applicability to Investigation Requirement

The amendment effectively expands the applicability of the requirement to conduct a good faith, reasonable and prompt investigation to all businesses: businesses that own, license or maintain personal information. The amendment also provides that the obligation to investigate is triggered when a business discovers or "is notified that it

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