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ARTICLE · 04 MAY 2016

The April 2016 Update — The Mintz Matrix

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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In 2004, Mintz Levin created a compendium of state data breach notification laws and has been updating it on a regular basis ever since.

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In 2004, Mintz Levin created a compendium of state data breach notification laws and has been updating it on a regular basis ever since.

Our latest update is available here, and it should be part of your incident response "toolbox" and part of your planning.

Some changes of note

Tennessee is our most recent state to amend its existing state data breach notification law.  Last week, the Governor signed an amendment into law that takes effect on July 1, 2016:

  • Joins several other states in tightening the notice period to "no later than 45 days from the discovery or notification of the breach..."
  • Eliminates the "encryption safe harbor," i.e., notification obligations are triggered even where the accessed or acquired data elements are encrypted.

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