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State Information Security & Breach Notification Laws

There are no current standards among the 50 States. Some states, such as Oregon and Massachusetts, have modern Information Security laws that protect state residents from poor security practices of businesses. Other states have minimal attempts at protecting their residents from the negligent practices of its businesses.

While a state may not be responsible, businesses still must comply with Federal and industry requirements. One aspect of most state and Federal laws deals with “encryption exemptions” which allow a business or organization to waive notification requirements if Personally Identifiable Information (PII) was encrypted at the time of a breach. This can serve as a “get out of jail free” card for businesses, but only if they follow encryption procedures at the time of the breach.

state id theft laws

As with many government requirements that make little sense, certain states exempt their local, county and state government agencies from their very own laws. Businesses and non-profits must abide by these laws, but the government is exempt from those same requirements.

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