Privacy Law Blog

Tag Archives: Minnesota

State Attorney General Action Under HITECH

On January 19, 2012, Minnesota Attorney General Lori Swanson exercised her authority under the HITECH Act by filing a lawsuit against a business associate for the failure to protect protected health information (PHI) and for the failure to disclose the extent to which PHI was utilized. The case alleges that Accretive Health, Inc., a debt collection … Continue Reading

Iowa Enacts 43rd State Breach Notification Law

On May 9, 2008, Iowa Governor Chester Culver signed legislation (SF 2308) requiring any person who owns or licenses computerized data that includes a consumer's personal information to give notice of a breach of security. The law does not require notification if, after an appropriate investigation or after consultation with the relevant federal, state, or local agencies responsible for law enforcement, the person determined that no reasonable likelihood of financial harm to the consumers whose personal information has been acquired has resulted or will result from the breach. Following is an updated list of the 43 state security breach notification laws (plus District of Columbia and Puerto Rico). … Continue Reading

More Breach Notification Laws — 42 States and Counting

Virginia, West Virginia, and South Carolina are the latest states to pass data breach notification laws, bringing to 42 the total number of states with such laws on the books (including the one state with a law that applies only to public entities, Oklahoma). Listed below are the 41 states with laws that apply to private entities (plus the District of Columbia and Puerto Rico). … Continue Reading

Governor Schwarzenegger Says No to California A.B. 779

On Saturday, California Governor Arnold Schwarzenegger vetoed AB 779, legislation that would have amended California's landmark data security breach legislation. The bill would have been the first to follow law enacted by Minnesota earlier this year and effective August 1, 2007, that amended Minnesota's security breach notification law by, among other things, prohibiting businesses from retaining certain payment card data after authorization of a transaction. … Continue Reading

In Response To TJX Data Breach, One State Enacts Legislation Imposing New Security and Liability Obligations; Similar Bills Pending in Five Other States

Lawmakers in six states have responded quickly to the massive data breach at TJX Companies, Inc. with various bills designed to strengthen merchant security and/or render companies liable for third party companies’ costs arising from data breaches. These latest bills – introduced in California, Connecticut, Illinois, Massachusetts, Minnesota and Texas – represent a new front of … Continue Reading
LexBlog