Alabama Senates Passes Data Breach Notification Act

Maya Atrakchi and Joseph Lazzarotti of Jackson Lewis write:

There are only two states in the U.S. that have yet to enact data breach notification laws, but that may change in 2018. Several weeks ago, the South Dakota state legislature announced that a data breach notification bill (Senate Bill No. 62) was pending.  Now, Alabama is following suit.

On March 1st, the Alabama Senate unanimously passed Senate Bill 318, the Alabama Data Breach Notification Act.  The bill now moves to the House of Representatives for consideration.  The bill sponsored by state Senator Arthur Orr (R-Decatur) would require companies facing a data breach to notify affected individuals within 45 days of determination that a breach has occurred and is reasonably likely to cause substantial harm. Although there are no criminal penalties for companies that fail to notify affected individuals, the Attorney General’s office can issue fines of up to $5,000 per day, and file a lawsuit on behalf of the affected individuals. A private action is not available.

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