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What the Equifax Hack Tells Us About Data Breach Notification Laws

Article:  A presentation I did on the subject located at:  https://www.youtube.com/watch?v=bMvcYxKnvm0

For my Computer Security class individual project, I used the famous Equifax hack as a way to examine data breach notification laws.  I used this specific event due to the size of the hack and the amount of media coverage.  I chose this subject because my information has been subject to many different data breaches and I wasn't notified in many of them.  I wanted to know why.

I first looked at the notification requirements in the United States and found that there is no one requirement for notification.  It varies by state and sometimes by economic sector.  Additionally, it can vary based on what type of information was involved.  I found that Minnesota, where I live, has one of the least restrictive notification statutes and doesn't actually have a time limit.  Louisiana, with a 60 day time limit, is middle of the road.  Colorado, with a 30 day notification period, is the most strict that I found.  I also looked at the GDPR, an EU regulation that I have encountered in my work as a document review attorney, and learned that companies have 72 hours to inform the government of breaches and then work with them to determine whether and how to notify the public.  

What happens if a notification period is missed depends on which state.  The GDPR levies a fine equal to 2% of global revenue, which is significant.  Most American statutes establish a private right of action or the ability to be referred to the attorney general for criminal charges or a civil lawsuit.

Fortunately or unfortunately, Equifax wasn't covered by the GDPR or Colorado laws because if it had been, it would have violated them.

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