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Volume XI, Number 295

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How Will Breach Laws Develop in 2018?

You hopefully already know that Maryland’s data breach notification law went into effect this week (on January 1, 2018). We anticipate that other states may follow one of Maryland’s modifications, namely its expansion of the definition of personal information. Under the amended law “personal information” now includes an expanded definition of biometric information. Biometric information is defined as any automatically generated biologic measurements, rather than just specifically listed items like fingerprints (the definition prior to the amendment). A handful of states have laws -like Maryland— that include biometric information in the definition of personal information. Those include Illinois, Nebraska, Nevada, North Carolina, Wisconsin, and Wyoming. We expect other states may join these. We also expect that states may otherwise continue to expand the definition of personal information in their breach notice laws.

Putting It Into Practice: Companies that collect and store information about individuals should continue to examine their information protection measures as the definition “personal” expands in breach notice laws.

Amanda Morris contributed to the post. 

 

Copyright © 2021, Sheppard Mullin Richter & Hampton LLP.National Law Review, Volume VIII, Number 3
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About this Author

Liisa Thomas, Sheppard Mullin Law Firm, Chicago, Cybersecurity Law Attorney
Partner

Liisa Thomas, a partner based in the firm’s Chicago and London offices, is Co-Chair of the Privacy and Cybersecurity Practice. Her clients rely on her ability to create clarity in a sea of confusing legal requirements and describe her as “extremely responsive, while providing thoughtful legal analysis combined with real world practical advice.” Liisa is the author of the definitive treatise on data breach, Thomas on Data Breach: A Practical Guide to Handling Worldwide Data Breach Notification, which has been described as “a no-nonsense roadmap for in-house and...

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