6 Trends in State Data Breach Laws

• Greater Enforcement Powers for State Attorneys General
• Protecting More types of data = more reasons to notify consumers
• Expanded liability for private companies that store state data
• Requiring companies that have a data breach to offer, at their cost, mitigation services that protect data- think Life Lock etc…
• Protecting Student Data
• Requiring encryption for stored data
  • As an example, see: 
    • “The new Washington law goes even further as it identifies a minimum standard for encryption, and grants safe harbor only when the breach does not also provide access to the encryption key, or other capacity to decrypt the data.”​

State AG Monitor: States Seek Strengthened Data Breach Laws