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4 States Strengthen Their Breach Notification Laws

The National Law Review summarized breach notification laws strengthened in four states: Nebraska, Nevada, Rhode Island, and Tennessee. The stronger laws include several changes: expanded definitions, encryption, requirements to notify the state's attorney general, and requirements to notify affected persons within forty-five (45) days.

Several states expanded their definitions of "personal information" to better protect consumers:

"Nevada now includes in its definition of “personal information” a medical identification number, a health insurance identification number, and a user name, unique identifier or electronic mail address in combination with a password, access code or security question and answer that permits access to an online account. Similarly, Rhode Island now counts as “personal information” any medical information, health insurance information, and an email address in combination with any required security code, access code or password that allows access to an individual’s personal, medical, insurance or financial account..."

Some of the expanded definitions made by Tennessee:

"Tennessee broadened its definition of “unauthorized persons” to include an employee of a covered entity who is discovered to have obtained personal information and intentionally used it for an unlawful purpose. Tennessee also removed the word “unencrypted” from its definition of “Breach of the security system” in order to ensure that partial encryption of compromised personal information does not evade the statute."

Read the rest of the changes in the National Law Review article.

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