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Legislators Introduce Breach Bills

PRIVACY LAW—U.S.

February 10, 2011

Hawaii legislators have introduced several bills to amend the state's data breach notice law, Covington & Burling's Inside Privacy reports. Among those, security breach bill S.B. 728 and its house companion would require more specific notification in security breach cases, would eliminate the harm trigger in state law and would apply to any disclosure of records. It also would list the plaintiffs' rights of action and would state that any person at risk for identity theft as a result of a data breach may sue for damages sustained. S.B. 796 would widen the definition of a security breach and would require three years of credit monitoring service by the responsible party to those affected. (Privacy Tracker subscribers can hear a full analysis of the bills in the recorded audio of last week's call, available now on the Privacy Tracker Web site.)
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