Laws Governing Data Security and Privacy U.S. Jurisdictions at a Glance UPDATED MARCH 30, 2015

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1 Laws Governing Data Security and Privacy U.S. Jurisdictions at a Glance UPDATED MARCH 30, 2015 State Statute Year Statute Alabama* Ala. Information Technology Policy (Applicable to certain Executive Branch agencies only) Alaska Alaska Stat Arizona Ariz. Rev. Stat. Ann Arkansas Ark. Code Ann California Cal. Civ. Code , , Colorado Colo. Rev. Stat , Connecticut Conn. Gen. Stat. 36A-701B Delaware District of Columbia Del. Code Ann. tit. 6, 12B D.C. Code BY GAVRILA BROTZ & JAMIE BIGAYER 2012 No No Both -- No 2008 No Both $50, No No Data $10,000 No 2005 No No Data $10,000 No 2015, 2013, 2009 (or to the State of Public Health if the is regulated Both $3,000, or $250,000 for the unauthorized use of patient medical information 2004, 2010 No No Both No Data $5,000 No 2005 No No Data $10, No Data $100 Florida Fla. Stat No Both $500,000 No Georgia Ga. Code Ann , Guam Guam Code Ann. tit. 9, Hawaii Haw. Rev. Stat. 487N , 2006 No Data and Telephone Records $0 for a data breach; $100 for a failure of a credit reporting agency to implement a consumerrequested security freeze 2009 No No Data $150,000 No 2008, to the Office of Consumer Protection, if notice to more Both $2,500

2 Idaho Idaho Code Ann Illinois 815 Ill. Comp. Stat. 530/1 - /40 Indiana Ind. Code , Iowa Iowa Code 715C.1.2 Kansas Kan. Stat. Ann. 50-7A01 04 Kentucky Louisiana Maine Maryland Massachusetts Michigan Ky. Rev. Stat. Ann La. Rev. Stat. Ann. 51: , La. Admin. Code tit. 16, Pt. III, 701 Me. Rev. Stat. Ann. tit. 10, B Md. Code Ann. Com. Law , Md. Code Ann. State Gov t Mass. Gen. Laws ch. 93H, 1 6 Mich. Comp. Laws C Minnesota Minn. Stat , 325E.61, 325E.64 Mississippi Miss. Code Ann (for covered government agencies) No Data $25,000 No 2006 No Both $50,000 (plus an additional $10,000 if victim is 65 years of age or older) 2006 (No, if is a state agency) 2014, if notice to more than 500 No (, if covered entity is a state agency) Both $150,000 No No Both $40,000 No 2006 No No Both No No Both , 2005 No Data $5, (or to the of Professional and Financial Regulation if the covered entity is regulated No Data $2,500 No 2013 No Both $1,000 for first violation, $5,000 for any subsequent violation by a covered merchant 2007 Both $5,000, or $10,000 for violating an injunction entered pursuant to an enforcement action 2010 No No Data $750, , 2007 No Data $25, No No Both $10,000 No No

3 Missouri Mo. Rev. Stat Montana Mont. Code Ann , Nebraska Neb. Rev. Stat Nevada Nev. Rev. Stat. 603A , New Hampshire N.H. Rev. Stat. Ann. 359-C:19 - :21 New Jersey N.J. Stat. Ann. 56: New Mexico* H.B. 224 (Proposed Legislation Status: Legislature Adjourned) New York N.Y. Gen. Bus. Law 899-AA, N.Y. State Tech. Law North Carolina N.C. Gen. Stat North Dakota N.D. Cent. Code Ohio Ohio Rev. Code Ann , , , Oklahoma Okla. Stat. tit. 74, , tit. 24, Oregon Or. Rev. Stat. 646A Pennsylvania 73 Pa. Cons. Stat. Ann , if notice to more No Data $150,000 No 2009, 2007 No No Both $10,000 No 2006 No No Data -- No 2011 No Both -- No 2007 No Data $10,000, and no less than double and no more than treble damages in private actions upon finding of willful violation 2005, to the Division of State Police in the of Law and Public Safety 2014, if notice to more than , along with the of State and the Division of State Police No Both -- No Both $150,000 Data $150, No Both $5,000, if an individual has been injured 2013 No Data $1, No No Data No cap; penalties can be as high as $10,000 per day of noncompliance 2006, 2008 No, if a state agency identifies a breach; No, if an individual or business identifies a breach No Data $150,000 No 2013 No No Both $500,000 No 2006 No No Data $5,000 No

4 Puerto Rico Rhode Island P.R. Laws Ann. tit. 10, R.I. Gen. Laws South Carolina S.C. Code Ann , South Dakota* Tennessee Tenn. Code Ann Texas Tex. Bus. & Com. Code Ann , Tex. Educ. Code Ann (B)(5) Utah Utah Code Ann Vermont Vt. Stat. Ann. tit. 9, Virginia Va. Code Ann , :05 Virgin Islands V.I Code Ann. tit. 14, , to the of Consumer Affairs (or to the Citizen s Advocate Office if the is a government agency or public corporation) Both $5, No No Data $25,000 No 2013, 2009, to the Consumer Protection Division of the of Consumer Affairs, if notice to more No Both $1,000 per resident whose information was accessible if violation was knowing and willful 2005 No Both The greater of $10,000; $5,000 per day of an assumed identity theft; or 10 times the amount obtained or assumed to have been obtained using the identity theft 2013, 2011 No Both $50,000, plus $250,000 for failure to take reasonable action to comply with notice requirements, to declare an individual a victim of identity theft 2013 No No Both $100,000 No 2014 (or to the of Financial Regulation if the covered entity is regulated No Both $10,000 No 2011, 2008 No Data $150, No Data --

5 Washington Wash. Rev. Code , West Virginia W. Va. Code 46A-2A A- 2A-105 Wisconsin Wis. Stat Wyoming Wyo. Stat. Ann * State does not have a statute governing data breach 2010, 2007 No No Data No No Data $150,000 No 2007 No No Both $1, No No Data --, to declare an individual a victim of identity theft This table constitutes a summary of the laws of various U.S. jurisdictions and does not purport to represent a detailed or complete analysis of current U.S. law.

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