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South Dakota is the 49th State to Enact a Breach Notification Law

Yesterday, South Dakota’s Governor signed into law “An Act to provide for the notification related to a breach of certain data and to provide a penalty therefor.”  Under the Act, when a “breach of system security” involves personal or protected information, the holder of the information must notify affected residents within 60 days and, if more than 250 individuals are affected, the holder must notify the state attorney general.   The definition of personal information includes health information and certain other employer-specific identifying information.  “Protected information” means information necessary to access an online account tied to financial account information.  Alabama is now the only state without a law addressing data breach notification although such legislation is currently pending in that state.

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About this Author

Dena Castricone, Murtha Cullina Law Firm, Long Term Care Attorney
Counsel

Dena Castricone is member of the Long Term Care/Health Care Practice Group and is also an experienced litigator who has been with Murtha Cullina LLP since 2003. As part of the Long Term Care/Health Care Practice Group, she assists nursing homes, assisted living communities, CCRCs, hospitals, physician groups and home health care and hospice agencies with a wide range of regulatory, compliance, litigation and risk management issues. As a litigator, Dena has extensive experience in a wide range of routine and complex business litigation....

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