North Carolina. Breach notification. Act

NC breach lawNorth Carolina data breach notification law (N.C. Gen. Stat. §§ 75-61, 75-65 (Identity Theft Protection Act))

In force
Partly verifiedMedium confidence. Pending 2025-26 bills to expand NC law not checked.

§1Summary

Synopsis

Requires businesses (and in most cases public bodies) that own or license computerised personal information about North Carolina residents to notify affected individuals after a security breach. Core timing rule: Individuals without unreasonable delay. Covered data: name plus SSN/employer TIN, driver's licence/passport, account/card numbers, PINs, digital signatures, biometric data; email/online IDs only if they permit financial access.

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

Breach defined to include material risk of harm; violations treated as unfair trade practices with private action (treble damages under UDTPA).

SaaS relevance

A SaaS provider hosting customer data is usually the 'maintaining' entity, not the owner: North Carolina requires the possessing business to notify the owner immediately following discovery. 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; AG Consumer Protection Division for every notifiable breach; CRAs if >1,000
DPO
No
Cross-border transfers
None
Maximum penalty
UDTPA: treble damages for private plaintiffs; AG civil penalties up to $5,000 per violation

§3Dates

Key dates
  • Adopted
  • In force
  • SB 1017 (2009) latest amendment identified

§4Text and authority

Text
Authority
North Carolina Department of Justice (Attorney General)

§5Where it applies

Domestic law of
North Carolina

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. Pending 2025-26 bills to expand NC law not checked.