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Data Breach Requirements in Georgia: State Laws

In the state of Georgia, any business that suffers a data breach involving personally identifiable information must notify affected Georgia residents as soon as possible through mail, telephone, or electronic means. If the security breach affects more than 100,000 people, or the cost of notification exceeds $50,000, other means of notification can be used (e.g., public service announcements). Additionally, a breach affecting more than 10,000 people needs to be reported to all credit reporting agencies. Get the full scoop on GA’s data breach laws below.

Name of Law / Statute

Georgia Personal Identity Protection Act

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.

Who Is Subject to Law?

"Information brokers," defined as "any person or entity who … engages in the business of collecting, assembling, evaluating, compiling, reporting, transmitting," PI for non-affiliated third parties.

Notification of Consumers?

Yes

By what means?

Written or electronic (if consumer consented); if >10k residents, must notify consumer reporting agencies

Substitute Notice Threshold?

If cost of notice >$250,000 or involves >500k residents

Notification of authorities / regulators required?

No

By what means?

N/A

Regulatory Fines

N/A

Credit monitoring requirement?

No

Private lawsuits allowed?

No

Private damages cap?

N/A

Regulatory actions allowed?

N/A

HIPAA Compliance exemption?

N/A

Other  (e.g., timeframe)

Law does not apply if PI was encrypted

Link to complete law

Overview: http://www.perkinscoie.com/sc_georgia/ Laws: http://law.justia.com/codes/georgia/2006/10/10-1-910.html http://law.justia.com/codes/georgia/2006/10/10-1-911.html  http://law.justia.com/codes/georgia/2006/10/10-1-912.html

Read the full text of Georgia’s data breach law.

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