Did you know that there are currently enacted laws in all 50 states that require entities affected by a data breach, to notify their customers or parties involved about the breach?
While these Security breach notification laws or data breach notification laws are enacted on a state level, they are not mandated federally. The Security breach notification laws have several goals in mind and also have certain requirements that one must follow after a breach has occurred. One major requirement in addition to the notification is the requirement to “make it right” by ensuring that the breached party takes specific steps to remedy the situation based on the state legislature. The two main goals of these laws are, first, to allow individuals a chance to mitigate risks against data breaches and second, to promote company incentives to strengthen data security. The reason that these goals were put in place was to help minimize consumer harm from data breaches, including impersonation, fraud, and identity theft.
The Louisiana Data Breach Notification Law, went into effect on Jan. 1, 2006 and states that companies must immediately disclose a data breach to customers, usually in writing. The law also states that the notification of a breach must be expedited within 60 days of the breach discovery, depending on the type of data that was breached. There are also requirements that the breached party must follow for up to five years after a breach occurs. There is also a law in place that states that any person or nongovernmental entity that is licensed, authorized to operate, or registered or required to be licensed, authorized, or registered or required to be licensed pursuant to Louisiana’s insurance laws.
For more information regarding these laws or to find out more about the information security standards, review this helpful link: Louisiana – Lewis Brisbois Bisgaard & Smith LLP
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