6 Trends in State Data Breach Laws

  • Greater Enforcement Powers for State Attorneys General
  • Protecting More types of data = more reasons to notify consumers
  • Expanded liability for private companies that store state data
  • Requiring companies that have a data breach to offer, at their cost, mitigation services that protect data- think Life Lock etc…
  • Protecting Student Data
  • Requiring encryption for stored data
    • As an example, see: 
      • “The new Washington law goes even further as it identifies a minimum standard for encryption, and grants safe harbor only when the breach does not also provide access to the encryption key, or other capacity to decrypt the data.”

State AG Monitor: States Seek Strengthened Data Breach Laws