Data Breach Laws by U.S. State - Documentation Exp

Data breaches are alarmingly common today. In 2024 alone, the United States has (so far) witnessed 2,741 publicly disclosed breach incidents, compromising over 6 billion records.

One of the ways governments have responded to this crisis is by enacting data breach notification laws. These laws perform two key functions:

1. Protect consumers from the fallouts of breaches (fraud, identity theft, etc.)
2. Keep companies transparent and accountable when breaches occur

This article will take you on a state-by-state tour of U.S. data breach laws. We'll unpack what each law entails, what it requires, how to comply, and the penalties for non-compliance.

The Patchwork System of U.S. Data Breach Laws

To date, the U.S. doesn't have a federal data breach law, but not for lack of trying. And while some federal laws like HIPAA and GLBA include breach requirements for specific sectors, they aren't tailor-made for data breaches.

Instead, all 50 U.S. states have enacted their own laws, creating a patchwork of data breach regulations.

If your business has customers across multiple states or the entire U.S. market, managing data breach requirements is notably challenging because:

• Each law defines "data breach" and "personal information" differently
• Despite some similarities, each law has different triggers and timeframes for notifying consumers and the authorities about a breach
• Notification requirements and penalties for non-compliance also vary by state

Long story short, a one-size-fits-all approach to compliance isn't feasible. To help you make sense of things, we've compiled the key data breach laws across all 50 U.S. states below.

While the breakdown below provides a solid starting point, they're general overviews of these laws. For added safety, we recommend consulting a legal professional to understand your state's nuances.