Monday, May 09, 2005

Georgia Security Breach Notification Law Enacted

Georgia has become the latest state, along with California, Arkansas, and Washington state, to enact a security breach notification law.

On Thursday, May 5, 2005, Governor Sonny Perdue signed Senate Bill 230 into law.

The law only applies to "information brokers," such as ChoicePoint, so it is not as comprehensive as other state bills.

According to the law, 'Information broker' means any person or entity who, for monetary fees or dues, engages in whole or in part in the business of collecting, assembling, evaluating, compiling, reporting, transmitting, transferring, or communicating information concerning individuals for the primary purpose of furnishing personal information to nonaffiliated third parties."

The law requires that "Any information broker that maintains computerized data that includes personal information of individuals shall give notice of any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of this state whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person."

"The notice shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement. . . . "

The law also applies to "any person or business that maintains computerized data on behalf of an information broker."

The law is effective immediately.

** New York's Security Breach notification bill, Assembly Bill 4254, passed the Assembly on May 4.**


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