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Data Breach Laws in Maryland: 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 by reading the full text.

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