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Pennsylvania: Governor signs bill to amend Breach of Personal Information Notification Act

The Pennsylvania Governor signed, on 3 November 2022, Senate Bill ('SB') 696 for An Act Amending the Breach of Personal Information Notification Act of 2005, thereby enacting the legislation. In particular, SB 696 includes new defined terms, such as 'health insurance information', 'medical information', and 'notice'.

Additionally, SB 696 establishes that an entity that maintains, stores, or manages computerised data that includes personal information shall provide notice of any breach of the security of the system, following determination of the breach, to any Pennsylvania resident whose unencrypted and unredacted personal information was or is reasonably believed to have been accessed and acquired by an unauthorised person. Specifically, in the abovementioned case, SB 696 requires that an entity that maintains, stores, or manages computerised data that includes personal information must notify the breach to the individuals concerned without unreasonable delay; however, if the entity that suffers a breach is a state agency, notice of the breach shall be provided within seven business days following determination of the breach, and notification shall be provided concurrently to the Office of the Attorney General. Moreover, SB 696 provides for specific notification obligations in case the subject of the data breach is a state agency contractor.

Furthermore, SB 696 mandates an entity to use encryption, or other appropriate measures, to protection the transmission of personal information over the internet.

You can read SB 696 here and track its history here.

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