February 17, 2020

February 17, 2020

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Illinois Joins States Requiring Breach Notice to AG

Illinois has updated its breach notice law to require, effective January 1, 2020, notice to the Illinois Attorney General of a data breach involving more than 500 Illinois residents.

The law contains specific requirements about what content to include in the notice to the AG. The notice must include a description of the breach, the number of Illinois residents affected, and the steps taken related to the incident. Companies must notify the Attorney General at or before the time notice is provided to consumers. Finally, the legislation authorizes the Attorney General to publish information related to the breach. This includes the company name, the information compromised and when the breach occurred.

Putting it Into Practice: Companies who have nationwide breach notice plans should keep in mind not only that the Illinois AG will require notice beginning in January if more than 500 Illinois residents have been impacted, but also that there are timing requirements (at the same time as notice to individuals) content requirements, and the notice may be published by the AG.

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