Oregon Amends Data Breach Notification and Information Security Laws

David Stauss of Ballard Spahr writes:

In March, we reported that the Oregon legislature was considering amending its data breach notification and information security laws. That legislation has now passed the Oregon legislature and been signed into law by Oregon’s governor.  A copy of the new law is available here. The most notable changes are as follows:

Amendments to Oregon’s Breach Notification Law, O.R.S. 646A.604

  • The law expands the scope of those who must provide notice of a security breach to include a person who “otherwise possesses” personal information. Existing law applies only to persons who own or license personal information.
  • The law requires that notice of the breach be provided “in the most expeditious manner possible, without unreasonable delay, but not later than 45 days after discovering or receiving notification of the breach of security.” The law continues to define “breach of security” as “an unauthorized acquisition of computerized data that materially compromises the security, confidentiality or integrity of personal information that a person maintains.” With this amendment, Oregon joins a growing number of states that have moved away from ambiguous timing language and instead require notice to be provided in a specific number of days.
  • Notably, HIPAA covered entities are exempt from the 45-day notice requirement.

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