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ARTICLE · 14 FEBRUARY 2017

State Data Breach Notification Statutes: A Year in Review and Preparing for 2017

Foley & Lardner LLP
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As states continue to revise their data breach laws, organizations must continue to monitor these changes to prepare for and respond to data breaches.

United StatesPrivacy
Jennifer J. Hennessy
Jennifer J. Hennessy
Steven Millendorf
Steven Millendorf
Jennifer Rathburn
Jennifer Rathburn
Aaron Tantleff
Aaron Tantleff
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Following on the heels of an active 2015, where eight states enacted changes to their data breach notification laws, another five states amended their statutes in 2016, adding complexity to the current "patchwork" system of breach notification legislation. Several trends have emerged from these recent enactments. States are broadening the definition of "personal information," redefining content and timing requirements for notification, clarifying the role of encryption in providing a safe harbor, and providing carveouts for entities compliant with other privacy regulations.

The amendments enacted in Nebraska, Tennessee, and Arizona all took effect in 2016, while the updates in California and Illinois became effective on January 1, 2017. For a summary of the amendments, please click here or on the image to the right.

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