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New Pennsylvania law will offer added protections for victims of data breaches and new reporting requirements

Posted on July 7, 2024 by Dissent

NCPA reports:

Harrisburg, Pa. — A new state law will help protect consumers impacted by data breaches.

Act 33 of 2024 requires an impacted organization to provide a free credit report and one year of credit monitoring to affected consumers. It also strengthens notification requirements and mandates notification of the Pennsylvania Office of Attorney General if a data breach occurs in the Commonwealth, according to the state legislature. The new law received unanimous support in both the House and Senate, according to a capitol update.

Read more at Longview News-Journal.

The law goes into effect in September, but do read the language of the law itself, as the notification does not require that the breach occur in the Commonwealth — it requires notification if notification will be required to more than 500 individuals in the Commonwealth. And look at the other requirements:

(c.1)  Notice to Attorney General.–When notice of the breach of the security of the system under this section must be given to more than 500 affected individuals in this Commonwealth, notice shall be made concurrently to the Office of Attorney General. Notice to the Attorney General shall include the following information to the extent known by the notifying entity:

(1)  The organization name and location.

(2)  The date of the breach of the security of the system.

(3)  A summary of the breach incident of the security of the system.

(4)  An estimated total number of individuals affected by the breach of the security of the system.

(5)  An estimated total number of individuals in this Commonwealth affected by the breach of the security of the system.

(c.2)  Exemption.–An entity subject to the requirements of 40 Pa.C.S. Ch. 45 (relating to insurance data security) shall be exempt from the notice requirements under subsection (c.1).

The Act seems to be silent as to whether these reports will be published online as Maine does, or not. Hopefully they will be.

Related posts:

  • Obama’s federal data breach notification bill: boon to businesses, but not most consumers
  • Amendment to PA data breach notification statute passes, requires notification within 7 days of discovery
  • HHS starts to reveal healthcare breaches reported to government
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