North Carolina and Montana Data Breach Statutes Amendments Now in Effect

Recently-enacted amendments to the Montana and North Carolina data breach notifications go into effect today, October 1, 2009.

  • North CarolinaThe amendment to North Carolina’s statute increases the state’s notification requirements for smaller breaches. Under the amended law, businesses and public agencies are required to notify the state attorney general every time a resident is notified. Prior to the amendment, notification to the state attorney general was only necessary if the breach affected more than 1,000 state residents. In addition, the amendment expands the contents of any notice to residents. 
  •  Montana.   The amendment to Montana’s data breach statute expands the state’s private sector data breach notification statute to cover public-sector entities. State agencies that maintain computerized data containing personal information in a data system must make “reasonable efforts” to notify any person whose unencrypted personal information was or is reasonably believed to have been acquired by an unauthorized person. In addition, the modified law requires state agencies to develop procedures to protect social security numbers.   

The amendments to the Montana and North Carolina laws exemplify the growing number of states strengthening their data breach notification laws.   It is likely that additional states will join the trend, so compliance will require monitoring amendments.

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