Lege trend: 6 Ways the Home of the Ducks Strengthens Data Breach Law

  • “Expands the statute’s definition of “personal information” to include a resident’s biometric or medial information;
  • Requires entities or persons that own or license consumer personal information to notify the Oregon Attorney General of a data breach if the entity must notify more than 250 residents;
  • Raises the threshold for notifying Oregon consumers to a more generous “unlikely to suffer harm” standard;
  • Lowers the threshold for reporting to consumer report agencies (CRAs) by requiring notice to CRAs whenever a breach affects more than 1,000 residents;
  • Exempts covered entities under the Health Insurance Portability and Accountability Act (HIPAA) from compliance, so long as a copy of the notice sent to either the entity’s primary functional regulator or to state residents is sent to the Attorney General; and
  • Allows the Attorney General to bring action against entities that violate the data breach statute, pursuant to Oregon’s Unlawful Trade Practices Act (Ore. Rev. Stat. § 646.607).”

JD Supra | Privacy & Security Law