Components of the statute:
PIPA defines “Personal information” as an individual's first and last name in combination with a: Social Security Number, Driver's License Number, Financial Account Number or Individual Taxpayer Identification Number unless the information is encrypted, redacted or otherwise rendered unusable. A “security breach” is defined as the unauthorized acquisition of computerized data that compromises the security, confidentiality or integrity of personal information. If a business experiences a security breach where personal information that, combined, may pose a threat to a consumer if misused, that business must notify any affected consumers residing in Maryland. Once a security breach is detected, a business must conduct in good-faith a reasonable and prompt investigation to determine whether the information that has been compromised has been or is likely to be misused, i.e. for identity theft. If the investigation shows that there is a reasonable chance that the data will be misused, that business must notify the affected consumers.
In the event of a security breach, notice must be given to consumers as soon as reasonably practicable following the investigation. A business may delay notification if requested by a law enforcement agency or to determine the scope of the breach, identify all the affected individuals or restore the integrity of the system. Notice to affected consumer must be given in writing and sent to the most recent address of the individual, or by telephone to the most recent phone number. Notice may be sent via e-mail if an individual has already consented to receive electronic notice or the business primarily conducts its business via the Internet. The law also contains a provision for substitute notice, allowing a business to provide notice of a security breach by e-mail, posting on its website and notice to statewide media if the cost of notice would exceed $100,000 or the number of consumers to be notified exceeds 175,000 individuals.
The notice sent to consumer must include the following:
Description of the information compromised.
Contact information for the business, including a toll-free number if the business has one.
Toll-free numbers and addresses for each of the three credit reporting agencies: Equifax, Experian and TransUnion.
Toll-free numbers, addresses and Websites for the Federal Trade Commission (FTC) and the Office of the Attorney General (OAG).
A statement that the individual can obtain information from these sources about steps to avoid identity theft.