Mandated Timeframe for Breach Reporting and/or Consumer Notification
Without unreasonable delay
Laws related specifically to personal information
Breach Reporting & Consumer Notification
Protect Personal Information
Program for Protection & Security
Vendor Specific Obligations
Vendor Mandated Contracts
Requests for Information
Fines & Penalties
Treble damages, or $1,500 per violation
None to minimal
When determining whether a breach will cause harm to individuals, businesses must investigate the breach incident and consult with D.C.’s Office of the Attorney General and federal law enforcement agencies.
Regulatory reporting to the Attorney General is required if a breach affected 50 or more D.C. residents or if a business is unable to determine the number of affected residents.
The Attorney General must be notified no later than when notice is provided to affected individuals.
Specific information must be included in the breach notification to affected residents and the Attorney General.
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.
If a breach involves the Social Security Number or Tax ID number of an individual(s), the breached business (or business whose vendor experienced the breach) must offer identity theft protection services at no cost to affected individuals for at least 18 months.
If a vendor is breached, they must notify the data owner. The data owner will be responsible to complete any required regulatory and consumer breach notifications.
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.
Businesses must have procedures and practices in place to protect PI from unauthorized access, use, modification and disclosure.
Businesses 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.
Businesses 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.
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.
Additional requirements may be associated with digital student data and health information.
Civil and criminal penalties can result from violations of unlawful use or disclosure of health information in a manner not authorized by law.