What are the data breach notification laws in North Dakota?

A data breach is the unauthorized access or release of someone's personally identifiable information (PII), which is any data that could reveal an individual's identity.

Data breaches can happen if an employee clicks on a link in a phishing email, if a laptop or thumb drive is stolen, or if hackers break into a computer network. Accidental security breaches are another cause, such as misconfigured software that leaves data unprotected.

Every small business that handles credit cards or stores customer information is vulnerable to data breaches. IT consultants, healthcare providers, and financial institutions are among the industries with the highest risk.

North Dakota state law defines personal information as knowing an individual's first name or first initial and last name in combination with one or more of the following data elements:

• Social Security number
• Driver's license number or nondriver color photo identification card number assigned by the department of transportation
• An individual's financial account number, credit card number, or debit card number in combination with any required access code
• The individual's date of birth or their mother's maiden name
• Medical information or health insurance information
• An identification number assigned to the individual by their employer in combination with any required access code
• The individual's digitized or other electronic signature

Any business that handles PII should invest in cyber liability insurance to mitigate costs in the event of a data breach.

North Dakota's state data breach law outlines when and how businesses need to respond to a security breach. Breaches of security must be reported when personal information has been, or is reasonably likely to have been, acquired by an unauthorized person.

Businesses must report data breaches to affected individuals "in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement." Delays may be permitted only when notification would interfere with a criminal investigation.

Individuals may be notified via written notice or email notice. A substitute notice is allowed when notification costs would exceed $250,000, over 500,000 people were affected, or if the business doesn't have sufficient contact information. The substitute notice should consist of emails, a conspicuous posting on the business's website, and notification of major statewide media.

If more than 250 individuals were affected by the data breach, the business must also notify the North Dakota Attorney General, who will in turn share information with appropriate local government officials.

While the state data breach notification law does not specify the content of the notices, they usually include the contact information for the business, which personal information was impacted, and contact information for the nationwide consumer reporting agencies (e.g., Equifax, TransUnion).

The notices should mention that these sources can provide information about fraud alerts and security freezes. When a data breach exposes online account information, they should prompt residents to change their usernames, passwords, or security questions.

The data breach reporting form sent to the Attorney General’s office must include:

• The reporting individual's contact information
• The name of the impacted business
• The date of the breach
• A description of the incident
• The number of individuals affected

Data breaches that impact healthcare facilities and healthcare professionals are regulated by federal laws. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) includes a Breach Notification Rule that requires notification after a breach of unsecured protected health information. Businesses must notify:

• Affected individuals
• The Secretary of Health and Human Services
• The media, if over 500 residents of a state or jurisdiction were affected

Under HIPAA, individuals must be notified by first-class mail, or by email if they've agreed to electronic communication, within 60 days of the discovery of a breach.

The cost of a data breach can be significant, which is why cyber insurance is so important for businesses that handle personal data.

Notifying those affected and paying for credit monitoring can be expensive. You’ll have to investigate and fix your security weaknesses while suffering a possible loss of income, and government fines can also be costly. You might even face a ransomware attack, where hackers shut down your computer systems and demand payment.

Small businesses most often need first-party cyber liability insurance. Also called data breach insurance, this policy provides financial protection against data breaches at your business.

You can often add this coverage to your general liability insurance or business owner’s policy (BOP), which combines general liability coverage with commercial property insurance at a discount.

If you're responsible for another company's data security, then you may need third-party cyber liability insurance. This policy covers legal expenses when a client blames your business for failing to prevent a data breach at their company.

Because most tech businesses need this coverage, it's usually included with their errors and omissions insurance (E&O) in a bundle called tech E&O.

E&O insurance, also called professional liability insurance, covers your legal costs in the event that a client sues you for making a mistake or failing to deliver on a contract. Tech E&O extends that coverage to include lawsuits related to data breaches and cyberattacks.

While any business could be at risk of a lawsuit after a data breach, this coverage is especially important for information technology businesses, especially IT consultants, network security companies, and cybersecurity businesses that recommend software or are responsible for data privacy and information security.

The North Dakota Attorney General enforces the state's data breach law and may impose penalties and seek remedies from businesses that fail to comply.

The remedies and civil penalties outlined in Chapter 15-15: Unlawful Sales or Advertising Practices are not exclusive, and are in addition to all other causes under the North Dakota data breach law.

For businesses that store data, it's crucial to take appropriate steps to prevent data breaches.

Businesses are advised to safeguard PII through a variety of security measures, such as designating one or more employees to coordinate a security program. It’s a good idea to conduct an audit of the personal information and unique identifiers you store in your data systems.

Strong passwords, security questions, two-step authentication, and access codes can provide reasonable data protection for your business, reducing the chance of an unauthorized acquisition of electronic files.

Complete Insureon’s easy online application today to compare insurance quotes from top-rated insurance carriers for cyber policies. Our licensed agents will help you find coverage that fulfills North Dakota's insurance requirements and protects your business. Once you find the right policy for your small business, you can begin coverage in less than 24 hours.