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House of Representatives
Session of 2013 - 2014 Regular Session


Posted: March 26, 2014 02:30 PM
From: Representative RoseMarie Swanger
To: All House members
Subject: Data Breach Legislation
I plan to introduce legislation which would require state agencies and municipalities to provide notice of data breaches involving personal information within one week. Under current law (Act 94 of 2005), such notice is required to be made “without necessary delay.”

Unfortunately, at least three separate thefts of state-owned computers containing personal information were reported in recent years. In two cases, both involving the Department of Public Welfare, the public was not notified until three weeks after the thefts. In the third case, the Department of Aging took two weeks to notify the public. I believe those are unreasonable delays.

The need for this legislation is even more apparent with the recent revelation that an international hacker accessed the records of approximately 4 million taxpayers in South Carolina.

This legislation would require that the Attorney General be notified by the state agencies or municipalities within three business days. It would also authorize the Attorney General to investigate every breach involving state agencies, and the local District Attorneys to investigate breaches involving counties, municipalities or school districts.

This legislation is a companion bill to Senate Bill 114 from the current legislative session, which passed the Senate unanimously.

If you have any questions regarding this legislation, please contact my office at 717-787-2686.

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Introduced as HB2167