Who Is Covered?
Any person that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system. Ohio Rev. Code Ann. § 1349.19(B)(1).
“Person” includes a business entity only if the business entity conducts business in this state. Ohio Rev. Code Ann. § 1349.19(A)(6).
What Information Is Protected?
“Personal information” means an individual’s name, consisting of the individual’s first name or first initial and last name, in combination with and linked to any one or more of the following data elements, when the data elements are not encrypted, redacted, or altered by any method or technology in such a manner that the data elements are unreadable:
- Social security number;
- Driver’s license number or state identification card number;
- Account number or credit or debit card number, in combination with and linked to any required security code, access code, or password that would permit access to an individual’s financial account. Ohio Rev. Code Ann. § 1349.19(A)(7)(a).
What Is A “Breach”?
“Breach of the security of the system” means unauthorized access to and acquisition of computerized data that compromises the security or confidentiality of personal information owned or licensed by a person and that causes, reasonably is believed to have caused, or reasonably is believed will cause a material risk of identity theft or other fraud to the person or property of a resident of this state. Ohio Rev. Code Ann. § 1349.19(A)(1)(a).
What Triggers Notification?
Discovery or notification of the breach of the security of the system involving the personal information of a resident of Ohio that was, or reasonably is believed to have been, accessed and acquired by an unauthorized person if the access and acquisition by the unauthorized person causes or reasonably is believed will cause a material risk of identity theft or other fraud to the resident. Ohio Rev. Code Ann. § 1349.19(B)(1).
How Is Notice Provided To Individuals?
Timing: Notice must be provided in the most expedient time possible but not later than 45 days following its discovery or notification of the breach in the security of the system, subject to the legitimate needs of law enforcement activities and consistent with any measures necessary to determine the scope of the breach, including which residents’ personal information was accessed and acquired, and to restore the reasonable integrity of the data system. Ohio Rev. Code Ann. § 1349.19(B)(2).
Delivery: Notice may be by:
- Written notice;
- Electronic notice, if the person’s primary method of communication with the resident to whom the disclosure must be made is by electronic means;
- Telephone notice;
- Substitute notice in accordance with this division, if the person required to disclose demonstrates that the person does not have sufficient contact information to provide notice in a manner described in division (E)(1), (2), or (3) of this section, or that the cost of providing disclosure or notice to residents to whom disclosure or notification is required would exceed two hundred fifty thousand dollars, or that the affected class of subject residents to whom disclosure or notification is required exceeds five hundred thousand persons. Substitute notice under this division shall consist of all of the following: (a) Electronic mail notice if the person has an electronic mail address for the resident to whom the disclosure must be made; (b) Conspicuous posting of the disclosure or notice on the person’s web site, if the person maintains one; (c) Notification to major media outlets, to the extent that the cumulative total of the readership, viewing audience, or listening audience of all of the outlets so notified equals or exceeds seventy-five per cent of the population of this state. Ohio Rev. Code Ann. § 1349.19(E).
Content: None specified.
Is Notice To The Government Required?
No.
Is Notice To Credit Reporting Agencies Required?
Yes. If a person discovers circumstances that require disclosure to more than 1,000 residents of Ohio involved in a single occurrence of a breach of the security of the system, the person shall notify, without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis of the timing, distribution, and content of the disclosure given by the person to the residents of Ohio. Ohio Rev. Code Ann. § 1349.19(G).
Are There Security Measure Standards?
No.
What Are The Possible Consequences Of A Violation?
The attorney general may seek injunctive relief and civil penalties up to $1,000 per day for intentionally or recklessly failing to comply for a period of 60 days, $5,000 per day for a period of 61 to 90 days and $10,000 per day for a period of 91 days or more. Ohio Rev. Code Ann. § 1349.192.
Are There Any Exemptions/Exceptions?
A financial institution, trust company, or credit union or any affiliate of a financial institution, trust company, or credit union that is required by federal law, including, but not limited to, any federal statute, regulation, regulatory guidance, or other regulatory action, to notify its customers of an information security breach with respect to information about those customers and that is subject to examination by its functional government regulatory agency for compliance with the applicable federal law, is exempt from the requirements of this section. Also, this section does not apply to any person or entity that is a covered entity as defined in 45 C.F.R. 160.103, as amended. Ohio Rev. Code Ann. § 1349.19(F).