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More State Data Breach Activity
ETA Currents - 06/12/08

At the state level, a new data breach notice bill was introduced in the Alabama legislature called the Legislature back for a special session. The new measure comes after five notice bills died when the Legislature ended its regular session. Alabama is one of only seven states without a data security breach law. Alabama’s S.B. 90A requires businesses and government agencies to provide notice to state residents if their personal data is breached. S.B. 90A does not contain a risk of harm trigger for when notice is required, making covered entities responsible for far more breach notifications than if a harm trigger were mandated. S.B. 90 A would also make retailers liable to banks for their costs associated with a data breach if the retailer experienced a breach of credit or debit card data that was retained longer than necessary to authorize a transaction.

In Alaska, data breach notice legislation was approved more than six weeks ago by lawmakers in both houses, but technical difficulties in parliamentary processing delayed its transmittal to the governor for consideration. Alaska H.B. 65 is an omnibus data security measure, which in addition to breach notice, includes data security, SSN use, and credit freeze provisions.

Breach legislation is still pending Michigan and New Jersey, while in Oklahoma, the state’s breach law was amended to include a risk trigger.

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