When companies experience data breaches that expose your personal information, state laws require them to notify you. All 50 states now have data breach notification laws that give you the right to know when your data has been compromised. Understanding these notification requirements and how to respond helps you protect yourself when breaches occur.
What Triggers Notification Requirements
Data breach notification laws require companies to notify affected individuals when personal information is accessed by unauthorized parties. The specific triggers vary by state but generally require unauthorized acquisition of or access to computerized data containing personal information.
Personal information typically includes names combined with Social Security numbers, driver license or state ID numbers, financial account numbers with access credentials, medical information, health insurance information, or biometric data. Some states have broader definitions that include additional data types.
What Notifications Must Include
Notification content requirements vary by state but typically include a description of the incident, the types of information involved, steps the company is taking in response, steps you can take to protect yourself, and contact information for questions.
Many states require specific information about credit monitoring or fraud protection services being offered. If the company provides free credit monitoring, the notification must explain how to enroll.
Notification Timing
States impose various deadlines for breach notifications. Some states require notification in the most expedient time possible without unreasonable delay. Others set specific timeframes like 30, 45, 60, or 90 days after discovering the breach.
What to Do When You Receive Notice
Read the notification carefully to understand what information was exposed. Social Security numbers and financial account numbers create identity theft risks requiring immediate action.
Enroll in any free credit monitoring offered. While credit monitoring does not prevent identity theft, it alerts you to suspicious activity on your credit file.
Consider placing a fraud alert or credit freeze on your credit files. Freezes are free and provide stronger protection than alerts.
Staying Informed About Breaches
Have I Been Pwned and similar services let you check whether your email address appears in known breach databases. State Attorney General websites often post information about significant breaches affecting state residents.
Conclusion
Data breach notification requirements ensure you learn when your personal information has been compromised. Understanding your notification rights and how to respond helps you minimize the impact when your data is exposed.