Learn About State Privacy Laws

The privacy laws have been formulated mainly to ensure the security of sensitive data. Information like Social Security Number, certain medical records including disability reports, military records and educational records are treated as private and confidential information. They can be accessed only with the permission of record holder. 

State privacy laws first came into being in California. At present, there are forty-eight states that have enacted Privacy Laws. This means that except for New Mexico, South Dakota, Kentucky, Mississippi, and Alabama, all other states have passed the state privacy legislation. As a matter of fact, the status of Alabama is still pending. The forty eight states with privacy legislation include Virgin Islands, Puerto Rico and the District of Columbia. The most recent additions to the list are South Carolina, Massachusetts, Puerto Rico, West Virginia, Iowa, Virginia, Missouri, Wyoming, Virgin Islands and Alaska.

Reasons for State Privacy Laws

The State Security Breach Laws or state privacy laws as they are known were passed to make sure that pesonal and confidential information of the consumers are secured. This law is applicable to both individual and the commercial entities doing business in a particular state. According to this law, if any license holder of computerized data of the personal information comes to know that the security of the computer system is threatened, then an immediate investigation on compromised information, if any, is called for. It also requires to intimate the affected person promptly otherwise it would be regarded as there has been no information misuse.

State Specific Laws

This is the basic law which is effective in all states with privacy laws legislation. However, some states have their additional exclusives conditions as well. For example, Alaska where the law has been implemented in as late as June 2008 and has become effective from July 2009, has defined the limits of personal information. And the law is applicable for any individual, federal agency or a private information collection agency with above ten employees. In case of a security breach, the concerning official must notify all those Alaskan residents whose information are threatened. The legislation has explicitly mentioned that the information collector must notify the residents through postal service, electronic means, and in special cases, statewide media can also be notified. For more details, go to http://www.legis.state.ak.us/PDF/25/Bills/HB0065Z.PDF.

In Maryland, there are some specific state privacy laws. As per the law, notice of breach should be sent to the affected consumer in writing at the latest address provided. The consumer can be notified through telephone also if the database has the current contact number. If the consumer has given prior consent to correspond through email service, then an email can be sent for notification. For special conditions, there is the provision of mass notification as well. If the number of affected consumers needed to be notified is more than 175,000 or if the cost of notification exceeds $100,000, then a notice can be posted on the website or statewide media is contacted to reach the greater mass. To know about the privacy laws of Maryland, you can visit http://www.oag.state.md.us/idtheft/businessGL.htm.