Understanding Data Breach Notification Laws Across All 50 States
Explore the diverse state requirements and learn how to protect your organization from costly breaches.
Data breach notification laws are designed to protect consumers by requiring organizations to notify individuals when their personal information has been compromised. All 50 states have enacted their own laws, which vary in terms of what constitutes a data breach, who must be notified, and the deadlines for doing so. Some states have notably stringent requirements, with timelines as short as 30 days and additional reporting obligations for businesses.
In addition to differing timelines, the definition of "personal information" can vary from state to state. Some laws cover only basic personal identifiers, like names and Social Security numbers, while others include broader categories, such as biometric data or email addresses. Many states also require businesses to notify the attorney general or other regulatory bodies in the event of a significant data breach.
Here are some examples of states with the strictest data breach notification laws:
California: Requires businesses to notify affected individuals “without unreasonable delay” and mandates notification to the state attorney general if more than 500 residents are impacted.
Florida: Businesses must report breaches within 30 days of detection, one of the shortest timelines in the country. Non-compliance can result in steep penalties.
New York (NY SHIELD Act): Requires notification within a "reasonable time" but includes comprehensive definitions for personal information, extending to biometric and online account data.
Texas: Notification is required within 60 days, with a similar requirement to notify the attorney general for breaches involving more than 250 residents.
Massachusetts: Not only requires timely notification, but also mandates that organizations offer credit monitoring services if certain personal information is breached.
Recent data breaches and subsequent state lawsuits highlight the increasing enforcement of these laws:
Morgan Stanley (2020): A data breach resulted in the exposure of sensitive customer data. Multiple states filed lawsuits, resulting in a $60 million settlement after it was discovered the company had failed to properly decommission old data storage devices.
T-Mobile (2021): A data breach exposed the personal information of over 40 million customers. Several states, including California and New York, have filed lawsuits against the company, leading to a $500 million settlement, with $350 million going to the victims.
Uber (2022): Uber settled with 50 states and Washington, D.C., over its failure to notify users of a 2016 data breach, which exposed the information of 57 million users. The company agreed to pay $148 million in fines.
Protecting your organization means more than just reacting to breaches—it requires proactive steps to ensure compliance with state notification laws. At Komando Security, we help businesses navigate these complexities by offering services such as compliance assessments, policy development, and breach response planning to ensure you’re prepared and protected.