croom new

Your State Dictates Data Security Notifications… Will You Be Notified?

Your State Dictates Data Security Notifications… Will You Be Notified?

In the last few months, there have been several high-profile data security breaches that resulted in the theft of millions upon millions of non-public information records. Though much of the focus in the aftermath of the breaches was on personal identity theft and prevention, it’s important to keep in mind that not all the stolen data records target individuals. Business entities are also at risk. Vendors and partners that you do business with regularly will probably have record of your company’s non-public information, payment information, or tax ID number.

In the wake of the major breach of Equifax that resulted in 143 million records stolen, there have been many questions raised about data security and breach notification laws. One of the most concerning issues was the long delay between when the breach was discovered by Equifax and when the public was notified of the breach. To help clarify how data breach notifications work and why it was technically acceptable for Equifax to wait as long as they did before notifying their customers, there are a few things you should know.

State Laws
Only 47 out of 50 states currently have data breach laws. Alabama and New Mexico have proposed bills regarding data security and notification that are before their state legislature. The lone holdout on data breach laws is South Dakota, who has yet to propose a bill of any kind.

Since each state has its own laws on data security, there are no unified standards, and laws vary in each state. For example, New York law requires that notification of a breach should be given in the most expedient time possible and without unreasonable delay. In Wyoming, however, notice of a breach must be reported within a reasonable time that is not to exceed 45 days after the entity learns of the acquisition of personal information. Florida requires notification within 30 days.

However, these notification deadlines aren’t ironclad. Nearly all of the policies indicate that they will allow the entity to delay notification for cause. Reasons for delay vary from state to state, however, criminal investigations or national security are both common reasons that a delay in notification would be allowed.

Federal Laws
At the present, there are no comprehensive data breach laws on the federal level. While the Health Insurance Portability and Accountability Act (HIPAA) and Gramm-Leach-Bliley Act (GLBA) are federally mandated regulations that do have data breach policies enforced by the federal government, they are industry-specific. There is no federal law that encompasses a general data security policy.

Since Equifax is a financial institution, it’s required that they adhere to the standards set forth by the GLBA. Unfortunately for about half of American adults, the GLBA does not have a deadline for disclosure. The act merely says that the financial organization should notify the affected party ‘as soon as possible’. Despite waiting 40 days before disclosing the breach, Equifax was following the regulations as outlined by the GLBA.

In addition to having different notification laws for each state, other aspects of data security laws are just as diverse. Each state has different policies on who the law applies to, what constitutes a breach, who must be notified, how they must be notified, enforcement and penalties, and entities exempt from the law.

Are you familiar with data breach notification laws for your state? The National Conference of State Legislatures offers current laws for each state. SMBs should be aware of the data security laws that might affect them and how to handle the situation - regardless of whether they’re the entity that was breached or had their information stolen. The good news is that you don’t have to go it alone. Eclipse Integrated Systems can help you make sure that your non-public information doesn’t go public.



No comments made yet. Be the first to submit a comment
Already Registered? Login Here
Tuesday, June 19 2018

Captcha Image

Mobile? Grab this Article!

Qr Code

Tag Cloud

Tip of the Week Security Best Practices Technology Privacy Cloud Business Computing Hackers Internet Network Security Google Malware Software Business Management Microsoft Computer Windows 10 Innovation Backup Productivity Hosted Solutions User Tips Apps Cybersecurity Productivity Business Mobile Devices Tech Term Email Windows Hardware Cybercrime Smartphone Efficiency Saving Money Law Enforcement Operating System Virtualization Browser Disaster Recovery Managed IT Services VoIP IT Support Collaboration Business Continuity Android Data Security Data Backup Smartphones Small Business Internet of Things Ransomware Mobility Microsoft Office Phishing Mobile Device Management Telephone Systems Communication Miscellaneous Data Recovery Office 365 Passwords Wireless Holiday Chrome Quick Tips Money communications Server Cloud Computing Outsourced IT Social Media Government Password Best Practice Wi-Fi Health Google Drive BDR Social Data Risk Management Unsupported Software Vulnerability Workplace Tips Gadgets IT Services Application App Information Technology IT Support Update Cost Management Employer-Employee Relationship Computers Two-factor Authentication Work/Life Balance Managed IT Facebook Upgrade Hacking Data Management Office tips Current Events USB Spam Save Money Sports Artificial Intelligence Antivirus Managed Service Provider Windows 10 Streaming Media User Error Identity Theft Shortcut Patch Management Politics Alert Wireless Technology The Internet of Things Audit Meetings Hosted Solution Private Cloud Excel Save Time Going Green Apple HaaS iPhone Devices Commerce VPN Telephony Humor Automobile Computer Care Social Engineering Cortana eWaste WiFi Personal Information Mobile Computing DDoS Proactive IT Remote Computing Legal Mobile Security Search Bandwidth Google Docs Blockchain Recovery Wireless Charging Office Fraud Network Automation Data Storage Flexibility Television Samsung OneNote Gmail Cleaning Tech Support Router Data Protection Encryption Maintenance Transportation History End of Support Battery Users Managed IT Services Internet Exlporer Employer Employee Relationship Root Cause Analysis Windows Ink Ciminal Experience Touchscreen IT Management Instant Messaging Benefits Licensing Device Security Text Messaging RAM Wearable Technology Robot Cast Sales How To Hard Drive Touchpad Networking Point of Sale Trends Company Culture Settings Storage Computing Solid State Drive Internet Explorer Computer Accessories Augmented Reality Trending Google Maps Project Management Phone System Electronic Medical Records Data storage IT Solutions FAQ Managing Stress Smart Technology Computer Fan Travel Microsoft Teams SaaS Lithium-ion battery BYOD Retail Chromebook Sync Workers Advertising A.I. Administrator Video Games App store Hacker Hard Disk Drive Threat Data Loss IT budget Music Virus Safety Emails Charger WannaCry Tablets Spyware G Suite Unified Threat Management Running Cable Conferencing Reputation Printing Uninterrupted Power Supply Operating Sysytem Updates Movies Access Legislation Keyboard SharePoint Virtual Reality PowerPoint Vendor Management Budget Analytics Proactive Webinar Bluetooth Distributed Denial of Service WIndows Server 2008 Google Assistant NFL Entertainment Upgrades HBO Gifts Black Market Avoiding Downtime Adobe Microsoft Word Business Intelligence Marketing Comparison Identity Data Breach Education Connectivity Chromecast Microsoft Excel Identities Big Data Websites IT solutions Fax Server Value Scam Nanotechnology Files Word Edge Consultant Credit Cards Applications PDF Worker Commute Unified Communications Mobile Device Screen Mirroring Specifications Scalability Data Privacy Hiring/Firing iOS Teamwork Outlook Evernote Downloads Training File Sharing Language Books Data Theft Windows 10s Laptop Twitter Relocation Disaster Cache Remote Monitoring CrashOverride Emergency Monitors Bring Your Own Device Hybrid Cloud Worker

Sign up for our Newsletter!

  • Company Name *
  • First Name *
  • Last Name *

      Latest News

      Eclipse Integrated Systems launches new website!

      Eclipse Integrated Systems is proud to announce the launch of our new website at The goal of the new website is to make it easier for our existing clients to submit and manage support requests, and provide more information about our services for prospective clients.

      Read more ...

      Account login