What are the legal requirements for disclosing data breaches?

In North Carolina, organizations that store Personally Identifiable Information (PII) of North Carolinians must comply with state law governing the disclosure of data breaches. Under North Carolina General Statute 75-65, businesses must give written or electronic notification to affected individuals when their PII has been compromised. This requirement applies if the data breach is likely to cause identity theft or a fraud-related incident to any person. Organizations must provide this notification to affected individuals in the most expedient time possible and without unreasonable delay, considering the circumstances of the data breach. The notification must include a general description of the incident, the type of PII that was compromised, and the steps taken to address the incident. Organizations are also responsible for notifying the North Carolina Attorney General and the Consumer Protection Division of the Department of Justice if a data breach affects more than 250 individuals in the state. In this case, a copy of the notification to affected individuals must also be sent to the Attorney General. Organizations that fail to comply with these requirements can be fined up to $10,000 for each violation. Additionally, private individuals affected by the data breach can file suit and seek civil damages if their PII was compromised.

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What are the legal requirements for disclosing data breaches?

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