Utah Becomes the Second U.S. State to Establish Affirmative Defenses for Data Breach

Alyssa Aquino, Judith Selby, and Joanna Storey of Hinshaw write:

In enacting the Cybersecurity Affirmative Defense Act, HB80, (Act) on March 11, 2021, Utah became the second state in the U.S. to create affirmative defenses for “persons” to certain causes of action arising out of a breach of system security.[1]

“Persons” is defined to include individuals, associations, corporations, partnerships, and other business entities.

The Act provides protection to persons that create, maintain, and reasonably comply with industry-recognized cybersecurity regulations, like the NIST, ISO 2700, and the HIPAA Security Rule, among others identified in the Act. The written cybersecurity program must provide administrative, technical, and physical safeguards to protect personal information.

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