Alabama Data Breach Notification Act: All You Need To Know
Effective Date:
Summary
The Alabama Data Breach Notification Act (DBNA) is a legislative framework designed to safeguard residents by compelling businesses and government agencies to alert individuals when their private information has been exposed due to a data breach. This statute ensures transparency and swiftness, aiming to protect personal information with decisive action.
What is the DBNA?
The DBNA imposes a legal obligation upon organizations to promptly inform individuals if their sensitive data has been compromised. Alabama residents are thus empowered to act swiftly to secure their personal affairs when such vulnerabilities arise.Who Falls Under DBNA Jurisdiction?
The DBNA applies to a wide spectrum of entities that handle personal data within the state, including:1. Corporations and small enterprises of every kind.
2. Government institutions.
3. External service providers.
What Defines a Data Breach According to DBNA?
Under DBNA, a breach is characterized as the unauthorized acquisition of personal, confidential information, wherein its security, integrity, or confidentiality is endangered. This may involve:1. Social Security numbers.
2. Driver’s license or state identification numbers.
3. Banking or financial records.
4. Medical data.
Mandates on Notification Protocol
Entities subject to the DBNA are required to inform affected individuals without undue delay, and no later than 45 days after the breach’s discovery. The notification must provide:1. The specific or approximate date of the breach.
2. A breakdown of the compromised data.
3. Contact details for the affected entity.
4. Suggested measures individuals may take to protect their personal data.
5. Information on how to reach major credit reporting agencies.
Repercussions for Non-Compliance
- Financial penalties: Entities may incur fines of up to $5,000 per day for failing to comply with the DBNA.
- Enforcement by the Attorney General: The Alabama Attorney General holds the authority to enforce the DBNA and initiate civil action against offending parties.
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