North Dakota. Breach notification. Act

ND breach lawNorth Dakota data breach notification law (N.D. Cent. Code § 51-30-01 et seq.)

In force
Partly verifiedMedium confidence. Penalty from general consumer fraud provision.

§1Summary

Synopsis

Requires businesses (and in most cases public bodies) that own or license computerised personal information about North Dakota residents to notify affected individuals after a security breach. Core timing rule: Individuals in the most expedient time possible. Covered data: name plus SSN, driver's/non-driver ID, financial account with codes, date of birth, mother's maiden name, medical and health insurance data, employer ID with code, electronic signature.

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

Unusually broad PI (date of birth, mother's maiden name, electronic signatures); low 250 AG threshold; no risk-of-harm exception.

SaaS relevance

A SaaS provider hosting customer data is usually the 'maintaining' entity, not the owner: North Dakota requires the maintaining entity 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 in the most expedient time possible; AG if >250 individuals
DPO
No
Cross-border transfers
None
Maximum penalty
Up to $5,000 per violation under Consumer Fraud Act

§3Dates

Key dates
  • Adopted
  • In force
  • SB 2214 (2015, eff. 2015-08-01) added AG notice

§4Text and authority

Text
Authority
North Dakota Attorney General (Consumer Protection Division)

§5Where it applies

Domestic law of
North Dakota

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. Penalty from general consumer fraud provision.