Which of the following statements is most accurate in regard to data breach notifications under federal and state laws:
Which of the following statements is most accurate in regard to data breach notifications under federal and state laws:
Currently, there is no federal law or regulation specifically requiring notice for the breach of personal information across all sectors. State laws vary widely in their requirements for data breach notifications, but they generally obligate entities to notify affected individuals in the event of a data breach. While specific sectors, such as healthcare under HIPAA, do have federal notification requirements, the broader context for personal information does not have a comprehensive federal mandate.
The answer is D. There are no federal breach notification laws.
B is wrong. States each have their own specific requirements on what to include, with many states having no requirements at all as to what include in the notification.
For those answering D, what about HIPAA's breach notification requirement? Would that not make B the better answer?
State Breach Notification Laws In the absence of a federal law, states have taken the lead in setting requirements related to data breaches. California enacted the first state-level breach notification law in 2003. As of 2018, all 50 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands have enacted state breach notification laws Lack of Federal Data Breach Law With massive, high-profile data breaches making the front pages, calls for a uniform federal data breach law have continued. Former President Obama had proposed the Personal Data Notification Act, which he said would correct the “patchwork problem” of laws that are said to be confusing for consumers and for companies. The proposal was criticized by state attorneys general and privacy advocates because it would pre-empt stricter state laws.