Organizations must have measures in place for secure disposal of computerized/electronic records and devices containing computerized/electronic records to protect against unauthorized access to or use of PI of consumers, employees and former employees. Organizations must have a written agreement with Vendors to whom they disclose PI, with a contractual obligation that the Vendor must implement and maintain reasonable security processes and practices to protect the PI from unauthorized access, use, modification and disclosure. Organizations must have procedures and practices in place to protect PI from unauthorized access, use, modification and disclosure.

If a breach involves the Social Security Number or Tax ID number of an individual(s), the breached Organization (or Organization whose vendor experienced the breach) must offer identity theft protection services at no cost to affected individuals for at least 18 months. Specific information must be included in the breach notification to affected residents and the Attorney General. Regulatory reporting to the Attorney General is required if a breach affected 50 or more D.C. residents or if an Organization is unable to determine the number of affected residents.

If a breach affects residents of other jurisdictions, those individuals must be notified based on the breach notification laws of the jurisdiction where they reside. For breaches involving more than 1,000 consumers, breach reporting is required to all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis. The Attorney General must be notified no later than when notice is provided to affected individuals. When determining whether a breach will cause harm to individuals, an investigation must be conducted and consultation with D.C.’s Office of the Attorney General and federal law enforcement agencies.

If a Vendor is breached, they must immediately notify the Organization. The Organization is responsible to complete any required regulatory and consumer breach notifications.

Additional requirements may be associated with digital student data and health information.

For violations of the breach notification and data security requirements, a civil action may be brought resulting in a civil penalty of the greater of treble damages or $1,500 per violation. A consumer has the right to bring a private right of action to recover damages. Civil and criminal penalties can result from violations of unlawful use or disclosure of health information in a manner not authorized by law.