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North Dakota Data Breach Laws: Notification Requirements and Penalties

In the state of North Dakota, any business that experiences a harmful data breach must notify affected North Dakota residents as soon as possible through mail or electronic means. If the security breach affects more than 500,000 people, or the cost of notification exceeds $250,000, other means of notification can be used (e.g., public service announcements).

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 + mother's maiden name, electronic signature, employee ID #, birth/death/marriage certs, health insurance info, medical info

Who Is Subject to Law?

Any person or business conducting business in the state who licenses or owns PI

Notification of Consumers?

Yes

By what means?

Written or electronic

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

Up to $5,000/violation + cost of investigation + attorney fees

Credit monitoring requirement?

No

Private lawsuits allowed?

No

Private damages cap?

NA

Regulatory actions allowed?

Yes

HIPAA Compliance exemption?

Yes

Other  (e.g., timeframe)

Law does not apply if PI was encrypted or otherwise secured

Link to complete law

http://www.legis.nd.gov/cencode/t51c30.pdf?20140818034155

Read the full text of North Dakota’s data breach law.

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