Breach Notification Procedures: Governing Laws
Breach notification procedures are primarily governed by a range of federal and state laws, which vary by jurisdiction and industry. A key federal statute is the Health Insurance Portability and Accountability Act (HIPAA) for the healthcare sector, which mandates specific notification timelines for breaches involving protected health information (PHI). Specifically, covered entities must notify affected individuals within 60 days of discovering a breach.
In addition to HIPAA, the Federal Trade Commission (FTC) enforces guidelines under the Gram-Leach-Bliley Act (GLBA), which applies to financial institutions and requires them to inform consumers of breaches affecting their personal information. Likewise, companies handling children's data must comply with the Children’s Online Privacy Protection Act (COPPA), which includes notification requirements in case of data breaches affecting minors.
On a state level, various laws exist, such as California's Consumer Privacy Act (CCPA), which requires businesses to notify affected consumers within specific timelines. Many states have their own breach notification laws that dictate how and when individuals must be informed of a data breach, often necessitating prompt notification to state regulators as well.
Overall, organizations must navigate a complex landscape of laws to ensure compliance with breach notification requirements, often necessitating legal counsel to develop tailored incident response plans.