What are the legal requirements for disclosing data breaches?
In Florida, businesses are required to disclose data breaches in accordance with the Florida Information Protection Act (FIPA). Under FIPA, businesses or government entities must notify individuals whose personal information was accessed or acquired without authorization (e.g., through a data breach) within 45 days of a breach or potential breach. The notification must include a description of the incident, types of personal information that were accessed or acquired, and a telephone number for the individual to contact in order to learn more. If the breach affects more than 500 Florida residents, the business must also provide notice to the Florida Attorney General and to any consumer reporting agency whose services are used by the business. In addition to the state-level requirements, businesses must comply with other federal and state laws that deal with data protection, including the Gramm-Leach-Bliley Act and the Health Insurance Portability and Accountability Act. Companies must also follow data breach best practices, such as implementing appropriate physical, technical, and administrative security measures, protecting sensitive customer data, and maintaining a secure computing environment.
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