South Carolina & Alaska Privacy Breach Notice Laws Go Into Effect July 1

[security curmudgeon <jericho () attrition org>]

http://www.realtime-itcompliance.com/laws_regulations/2009/06/south_carolina_alaska_privacy.htm

South Carolina & Alaska Privacy Breach Notice Laws Go Into Effect July 1

This week two more U.S. breach notice laws go into effect...

1. Most of South Carolina's Financial Identity Fraud and Identity Theft 
Protection Act went into effect in December 2008. However, Section 4.A and 
Section 7.A, which cover identity theft and security breach notification, 
are going into effect on July 1, 2009.

A few interesting notes about this law:


     * It has a civil penalty of $1,000 per resident affected by the breach 
for entities who 'knowingly and wilfully' violate the notification 
requirements.

     * It does not specify a maximum amount for the total penalty. Most 
other U.S. state and territory breach notice laws have penalty caps.

     * If the number of residents affected exceeds 1,000, entities also 
have to notify the Department of Consumer Affairs.

2. Alaska's Personal Information Protection Act goes into effect no July 
1, 2009.

A violation of this law could result in a penalty of up to $500 for each 
resident whose information was compromised by the breach, with the maximum 
amount set at $50,000.


Among other requirements, both of these laws require:

     * That businesses who posses ('own' or license) the personal 
information of residents of the states to notify a breach of security to 
every resident whose personal information was affected.
     * Breach notification must be made within the 'most expedient time 
possible and without reasonable delay'.


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