Montana and Wyoming amend breach notification laws

Montana Governor Steve Bullock has signed a bill, H.B. 74, that will toughen the state’s breach notification law. The bill expands the definition of “personal information” covered by the law to include medical record information (as further defined by the state’s Insurance Information and Privacy Protection Act), taxpayer identification number, or other identification number issued by the Internal Revenue Service. The revised law also requires organizations to notify the Attorney General’s Consumer Protection Office in the event of a breach. Insurance entities such as licensees or insurance support organizations must also provide notification to the state Insurance Commissioner. Notice to these regulators must identify the number of affected individuals, state the date and distribution method of the notice to affected individuals, and include a copy of the notice provided to individuals. The law takes effect October 1, 2015.

On March 2, Wyoming Governor Matt Mead signed a bill, S.F. 36, amending the state’s data breach notification law to revise the state’s definition of “personal information” and to specify the type of information required in notices to individuals. The amendment removes from the definition of “personal information” an individual’s demand deposit account, savings account, employee identification number, place of employment, and mother’s maiden name. At the same time, it adds new data elements to the definition, including taxpayer identification number, birth or marriage certificates, biometric data, medical history and health insurance information.  The new law also specifies that a notification letter to individuals affected by a breach must include the types of personal identifying information that were the subject of the breach, a general description of the breach, the approximate date of the breach, and the actions taken to protect the affected system from further breaches.