All states with data breach notification laws use similar language to describe the required timing of notifications to affected parties.
The most common phrase used in conjunction with timing is “the most expedient time possible and without unreasonable delay.” Numerous states specify a limit to the time allowed when this common phrase is utilized, with 45 days after the discovery of the breach being the most common timeframe permitted by these states.
For companies operating nationally, it is important to note that the industry best practice is to report within 30 days after the discovery of the breach, meaning that a delay of 45 days could be considered unreasonable (without a valid explanation) in certain states.
For example -
Colorado and Florida provide for a 30-day time frame.
New Mexico, Ohio, Oregon, Rhode Island, Tennessee, Vermont, Washington and Wisconsin mandate a 45-day time frame.
Louisiana stipulates a 60-day requirement. “States that Require Notification within a Specific Time Frame,”