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Maryland | Data Breach Law
Reporting Rules
When Maryland businesses experience a data breach, they are required to investigate how much damage the leaked personal information could cause. Businesses are legally required to notify the attorney general before notifying affected residents. Affected Maryland residents must be notified as soon as possible by mail, telephone, or email. If the security breach affects more than 175,000 people, or the cost of notification exceeds $100,000, public service announcements are an acceptable form of notification.
| Name of Law / Statute | N/A |
| Definition of Protected Information | Combination of (1) name or other identifying info, PLUS (2) one or more of these “data” elements: SSN; driver’s license number; or account number, credit card number, debit card number if accompanied by PIN, password, or access codes, PLUS Taxpayer Identification Number |
| Who Is Subject to Law? | Any business that owns or licenses PI of Maryland residents |
| Notification of Consumers? | Yes |
| By what means? | Written, phone, or electronic (if consumer consented); if >1000 residents, must notify consumer |
| Substitute Notice Threshold? | If cost of notice >$100,000 or involves >175k residents |
| Notification of authorities / regulators required? | Yes, PRIOR TO consumer notification |
| By what means? | N/A |
| Regulatory Fines | No (civil action by AG) |
| Credit monitoring requirement? | No |
| Private lawsuits allowed? | Yes |
| Private damages cap? | N/A |
| Regulatory actions allowed? | Yes |
| HIPAA Compliance exemption? | Yes |
| Other (e.g., timeframe) | Law does not apply if PI was encrypted |
| Link to complete law | Maryland’s Data Breach Law |
Learn more about Maryland’s data breach law