Jul 212009

Perkins Coie has provided a short synopsis of key requirements of Missouri’s new data breach notification law, which goes into effect on August 28, 2009.

….. In addition to the more common elements of first name or initial and last name in combination with unencrypted Social Security Number, driver’s license number, financial account number, or credit or debit card number, the statute also includes in the definition of personal information first name or initial and last name in combination with an unencrypted:

  • Unique electronic identifier or routing code, in combination with any required security code, access code, or password that would permit access to an individual’s financial account;
  • Medical information, which includes any information regarding an individual’s medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional; and
  • Health insurance information, which includes an individual’s health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual.

Other provisions of interest:

  • If an entity must notify more than 1000 residents, it must notify the Missouri Attorney General’s office and the nationwide consumer reporting agencies of the breach.
  • Civil penalties for violating the statute may reach up to $150,000 per breach of the security of the system.

The full text of the bill can be found at: http://www.house.mo.gov/billtracking/bills091/biltxt/truly/HB0062T.HTM.

Perkins Coie’s chart summarizing all of the states’ data breach notification laws can be found at: http://www.perkinscoie.com/statebreachchart/.

Source:  Perkins Coie blog, Digestible Law.

  One Response to “Missouri data breach notification law goes into effect soon”

  1. This law is poorly constructed. I had hoped that Missouri would take the best of all the laws and not the worst. SSN and financial records are enough for a thief to use. By limiting the law to a combination with a name does not adequately cover the topic. That means any breach that had credit card information or SSNs only is not a breach. They did not look at the newer laws that covered paper breaches, according to ITRC about 25% of all breaches. And the requirement to notify the credit bureaus if more than 1000 records are affected is a way for the CRAs to create marketing lists and sell their services to a breached company before any other remediation company or consultant can talk with them. Finally, the “risk of harm” allows a company to say no harm can come from the breach without any accountability to a government agency like the Secret Service that can analyze the breach. There is a definite incentive to say- no risk of harm, thereby no notification is needed. A check and balance system was needed in this law.

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