Maryland | Data Breach Law

January 3, 2018

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Maryland | Data Breach Law

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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