1,408 Data Breaches in 2022 in the State of Maryland

Are Data Privacy Policies and Procedures Obligations confusing you? Here are some simple facts and guidelines for Maryland.

If you Experience a Data Breach here is a general Template for how the process will play out:

1 – Notification of breach: The business or organization must notify the Attorney General’s office of the data breach in accordance with Maryland’s data breach notification law. This law requires that businesses and organizations notify affected individuals and the Attorney General’s office as soon as practicable, but no later than 45 days after discovering the breach.

2 – Investigation: The Attorney General’s office may conduct an investigation into the data breach to determine the scope of the breach, the cause of the breach, and the steps taken by the business or organization to mitigate the effects of the breach.

3 – Determination of fines and penalties: Based on the results of the investigation, the Attorney General’s office may determine that fines and penalties are warranted. The amount of the fines and penalties can vary depending on factors such as the severity and duration of the breach, the number of individuals affected, the steps taken by the business or organization to prevent future breaches, and any previous violations of data breach laws.

4 – Enforcement: The Attorney General’s office can take legal action to enforce fines and penalties against businesses and organizations that fail to comply with data breach notification laws or that are found to be negligent in protecting personal information.

Shred Instead’s “SI Protection Program” can help you put the correct Policies and Procedures in place to not only help prevent a Data Breach but also put a plan in place in the event a Breach occurs and show compliance with the Statutes and Laws found here.

STATUTES AND LAWS

  • Maryland Personal Information Protection Act (PIPA): This law requires businesses to implement and maintain reasonable security procedures to protect consumer data and notify consumers if their personal information has been compromised in a security breach.
  • Maryland Online Consumer Protection Act (OCPA): This law regulates the collection and use of personal information obtained through electronic commerce, such as online transactions. It requires businesses to provide clear and conspicuous notice of their data collection and sharing practices and obtain consent from consumers before collecting and sharing their personal information.
  • Maryland’s Financial Consumer Protection Act: This law requires financial institutions to implement and maintain reasonable security procedures to protect consumer data and notify consumers of security breaches that may have compromised their personal information.
  • Maryland’s Health Records Privacy Act: This law protects the privacy of medical records and requires healthcare providers and insurers to obtain patient consent before disclosing medical information to third parties.
  • Maryland’s Social Security Number Privacy Act: This law restricts the use and disclosure of Social Security numbers by businesses, government agencies, and other organizations. It also requires businesses to take reasonable measures to protect Social Security numbers from unauthorized access or disclosure.
  • Maryland Identity Theft Protection Act: This law requires businesses to provide notice to consumers in the event of a breach involving personal information, and it sets requirements for the content and timing of such notices.
  • Maryland Electronic Communications Privacy Act: This law prohibits interception of electronic communications without the consent of all parties involved. It also prohibits the unauthorized access or disclosure of electronic communications.