New Update to Connecticut Data Breach Law

 Connecticut Updates Its Data Breach Statute by Attorney David Benoit.

A month after Vermont made substantive amendments to its Security Breach Notice Act to address a number of consumer protections, Connecticut followed suit on June 12th with a similar amendment to Connecticut General Statutes Sec 36a-701b to include a notice to the State’s Attorney General.

 

Going into effect on October 1, 2012, Connecticut’s amended breach notification requirements will now include an obligation to notify the Connecticut Attorney General’s office pursuant to a new subsection (b)(2):

“If notice of a breach of security is required by subdivision (1) of this subsection, the person who conducts business in this state, and who, in the ordinary course of such person’s business, owns, licenses or maintains computerized data that includes personal information, shall not later than the time when notice is provided to the resident also provide notice of the breach of security to the Attorney General.”

Regarding when notice is to be made (both to the Connecticut resident and the Attorney General), the statute allows the notifying party a reasonable amount of time to accommodate delays resulting from law enforcement and company-led investigations meant to: (i) determine the nature and scope of the data breach, (ii) identify the individuals affected by the breach, and (iii) restore the reasonable integrity of the data system.

Additionally, subsection (c) was amended to clarify that the state’s notification requirements are applicable only to personal information of “a resident of this state.” 

Furthermore, pursuant to Section (g), failure to comply with the statute will continue to be deemed an unfair trade practice under Connecticut’s Unfair Trade Practices Act (“CUTPA “), however, enforcement is still limited to the Attorney General with no private right of action.