PEN LEG Breach of Personal Data Bill


On Jun. 26, PEN LEG enacted bill on breach of personal information.


  • PEN LEG enacted SB 824, amending PEN LEG 40-4518.0, known as the Breach of personal information notification act, providing definitions, notification of the breach.
  • Also provides notification of consumer reporting agencies, credit reporting, monitoring.
  • Follows PEN LEG Nov. 2022 amended breach of personal information act, see #153456
  • Bill Provisions
  • Amended the Breach of personal information notification act to provide for notice to PEN AG and access to free credit reports and monitoring in the event of a data breach.
  • The definition of personal information was amended to specifically include medical information in the possession of a State agency or State agency contractor.
  • Requires when notice of a system breach under current law must be given to more than 500 affected individuals in PEN, notice shall be made concurrently to PEN AG.
  • Notice shall include name and location of an affected organization, date of the system breach, summary of the breach incident, the estimated number of affected individuals.
  • Also, an estimate of the number of affected individuals within the Commonwealth.
  • Required entity providing notification of a breach shall assume all costs, fees related to providing access to one independent credit report from a consumer reporting agency.
  • Also, access to credit monitoring services 12 months following notification of a breach.
  • Specified a breach has occurred if a portion of an individual’s name is accessed in combination with a social security number, bank account, or a driver's license number.
  • Affected individuals required to be notified of the no-cost services upon notification.
  • Legislative History
  • On Jun. 15, 2023, bill introduced in Senate; on Oct. 4, 2023, bill passed Senate;
  • On Oct. 4, 2023, bill introduced in House; on Jun. 25, 2024, bill passed House.
  • On Jun. 26, 2024, transmitted to governor; on Jun. 28, 2024, governor approved.
  • Effectiveness
  • Act No. 33 shall take effect 90 days from the date of passage, or Nov. 1, 2024.

Regulators PEN LEG
Entity Types CNSM; Corp
Reference Act No 33, Bill SB824, 6/26/2024; Citation: PEN LEG 40-4518.0;
Functions Compliance; Legal; Privacy; Reporting
Countries United States of America
Category
State
Products Corporate
Regions Am
Rule Type Final
Rule Date 6/28/2024
Effective Date 11/1/2024
Rule Id 217275
Linked to Rule :153456
Reg. Last Update 6/28/2024
Report Section US Consumer

Last substantive update on 07/01/2024