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Tennessee Data Breach Laws: When Do You Need to Report a Breach?

Any person or company conducting business in Tennessee must follow the state's data breach laws, which require businesses to inform their customers when their data is compromised in a breach. If more than 1,000 Tennessee residents are affected by a breach, businesses will also have to report the breach to consumer reporting agencies.

Name of Law / Statute

Tennessee Identity Theft Deterrence Act of 1999

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 holders," defined as any person or business conducting business in the state who licenses or owns PI

Notification of Consumers?

Yes

By what means?

Written or electronic; if >1,000 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?

Yes

Private damages cap?

Actual damages (treble for willful violation) + costs, attorney fees

Regulatory actions allowed?

Yes

HIPAA Compliance exemption?

N/A

Other  (e.g., timeframe)

Law does not apply if PI was encrypted

Link to complete law

Tennessee's data breach law

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

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