Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

State Data Breach Notification Laws – Overview of Requirements for Responding to a Data Breach (Updated June 2016)

By Sheila Millar & Tracy Marshall on June 23, 2016
Email this postTweet this postLike this postShare this post on LinkedIn

We have updated our summary of state data breach notification laws in light of recent amendments to some of the laws since our last update in September 2015.

Notably, Tennessee amended its data breach notification law, the Identity Theft Deterrence Act, effective July 1, 2016, by eliminating an encryption safe harbor and requiring that affected residents be notified of a breach affecting their personal information immediately, and no later than 45 days after discovery of the breach.  Thus, the notification obligation extends to all computerized data that is subject to unauthorized acquisition, regardless of whether the data is encrypted or unencrypted.  Tennessee is the first state to extend data breach notification obligations to encrypted data.

Illinois also amended its data breach notification law, the Personal Information Protection Act (PIPA), effective January 1, 2017.  Consistent with some other state laws, the amendments to PIPA expand the definition of “personal information” to include medical information, health insurance information, and unique biometric data when used with an individual’s first and last name, as well as a user name or e-mail address plus a password or security question and answer that would provide unauthorized access to an online account.  In addition, covered entities and business associates that are subject to the Health Insurance Portability and Accountability Act and Health Information Technology for Economic and Clinical Health Act and are required to notify the Secretary of Health and Human Services of a breach will be deemed to be in compliance with PIPA if they notify the Illinois Attorney General of the breach within five business days of notifying the Secretary.

To view the latest summary on our website and/or download a copy, click here.

Photo of Sheila Millar Sheila Millar

Sheila A. Millar is a partner at Keller and Heckman LLP, where she represents businesses and trade associations on a variety of public policy and regulatory issues, including privacy, data security, cybersecurity and advertising matters, as well as product safety issues. She has…

Sheila A. Millar is a partner at Keller and Heckman LLP, where she represents businesses and trade associations on a variety of public policy and regulatory issues, including privacy, data security, cybersecurity and advertising matters, as well as product safety issues. She has been involved in a variety of audit and compliance projects, including, among other issues, privacy and data security audits, and is experienced in providing crisis management legal support to a variety of national and international companies and associations.

Ms. Millar is a frequent speaker on regulatory and public policy matters, and has authored many articles. Ms. Millar is one of the vice chairs of the International Chamber of Commerce (ICC) Marketing and Advertising Commission, and chair of its Working Group on Sustainability, where she spearheaded the development of the ICC Framework Guides on Environmental Marketing Claims.

Ms. Millar is AV® PreeminentTM Rated by Martindale-Hubbell and for the eigth consecutive year was selected by her peers for inclusion in The Best Lawyers in America® 2018 for her work in practicing Advertising Law. She has also received the distinguished honor of Advertising Law “Lawyer of the Year” 2014 in Washington, DC by Best Lawyers®, and was awarded Advertising and Marketing Lawyer of the Year USA by Finance Monthly for their Finance Monthly Global Awards 2017.

Read more about Sheila MillarEmailSheila's Linkedin Profile
Show more Show less
Photo of Tracy Marshall Tracy Marshall

Tracy Marshall counsels international and domestic for-profit and non-profit clients on a range of privacy, data security, advertising, promotions, and intellectual property matters. She also advises on general corporate and transactional matters.

Tracy assists clients with compliance and advocates on their behalf. She …

Tracy Marshall counsels international and domestic for-profit and non-profit clients on a range of privacy, data security, advertising, promotions, and intellectual property matters. She also advises on general corporate and transactional matters.

Tracy assists clients with compliance and advocates on their behalf. She is a Certified Information Privacy Professional (CIPP/US) through the International Association of Privacy Professionals (IAPP) and helps clients implement privacy, data security, and security breach response programs, develop internal and public-facing privacy policies to comply with applicable laws, respond to cyber and data security incidents, and manage relationships with service providers and third parties. Tracy advises on structuring and conducting email and text messaging campaigns, sweepstakes, contests, and other promotions, and she helps clients protect and enforce their intellectual property rights.

In addition, Tracy counsels clients on corporate matters and assists with structuring and negotiating a variety of transactions, including licensing, marketing, and outsourcing arrangements.

Tracy is frequently invited to speak at privacy, data security, telecommunications, and advertising conferences and is a contributor to Keller and Heckman’s Consumer Protection Connection blog and Beyond Telecom Law Blog.


To learn more about Tracy’s practice areas, click here.
Read more about Tracy MarshallEmailTracy's Linkedin Profile
Show more Show less
  • Posted in:
    Other
  • Blog:
    Consumer Protection Connection
  • Organization:
    Keller Heckman
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo