Michigan. Breach notification. Act

MI breach lawMichigan data breach notification law (Mich. Comp. Laws §§ 445.63, 445.72 (Identity Theft Protection Act))

In force
Partly verifiedMedium confidence. No verification notes recorded.

§1Summary

Synopsis

Requires businesses (and in most cases public bodies) that own or license computerised personal information about Michigan residents to notify affected individuals after a security breach. Core timing rule: Individuals without unreasonable delay. Covered data: name plus SSN, driver's licence/ID, financial account or card numbers with codes.

Key themes
  • breach notification
  • personal information definition
  • regulator notice
  • consumer reporting agency notice
  • vendor-to-owner notice
  • encryption safe harbour
  • substitute notice
  • law enforcement delay
Unique features

Criminal penalties for false or deceptive breach notices; fine capped per breach.

SaaS relevance

A SaaS provider hosting customer data is usually the 'maintaining' entity, not the owner: Michigan requires the maintaining entity to notify the owner unless it determines no substantial loss or identity theft is likely. The owner customer then carries the individual and regulator notices, so contracts should fix timelines and cooperation.

§2Obligations

Extraterritorial
Limited
Breach notification
Individuals without unreasonable delay; no AG notice; CRAs if >=1,000
DPO
No
Cross-border transfers
None
Maximum penalty
Up to $250 per failure to notify, max $750,000 per breach

§3Dates

Key dates
  • Adopted
  • In force
  • SB 223 (2010); HB 6406 (2018) and HB 6491 (Insurance Data Security, eff. 2021-01-20) for insurers

§4Text and authority

Text
Authority
Michigan Attorney General

§5Where it applies

Domestic law of
Michigan

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. No verification notes recorded.