Ohio. Breach notification. Act

OH breach lawOhio data breach notification law (Ohio Rev. Code §§ 1349.19, 1349.191, 1349.192; § 1347.12 (agencies))

In force
Partly verifiedMedium confidence. Daily penalty schedule from recollection of § 1349.192; not stated on summary page.

§1Summary

Synopsis

Requires businesses (and in most cases public bodies) that own or license computerised personal information about Ohio residents to notify affected individuals after a security breach. Core timing rule: Individuals within 45 days of discovery. 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

Ohio Data Protection Act gives an affirmative defence to tort claims for entities with a recognised cybersecurity framework (e.g. NIST, ISO 27001).

SaaS relevance

A SaaS provider hosting customer data is usually the 'maintaining' entity, not the owner: Ohio requires a custodian acting for another entity to notify it in an expeditious manner. The owner customer then carries the individual and regulator notices, so contracts should fix timelines and cooperation.

§2Obligations

Extraterritorial
Limited
Breach notification
Individuals within 45 days of discovery; no AG notice; CRAs if >1,000
DPO
No
Cross-border transfers
None
Maximum penalty
Up to $1,000/day for first 60 days, $5,000/day days 61-90, $10,000/day thereafter

§3Dates

Key dates
  • Adopted
  • In force
  • SB 126 (2007) exempted HIPAA covered entities; Data Protection Act (SB 220, 2018) adds cybersecurity safe harbour

§4Text and authority

Text
Authority
Ohio Attorney General

§5Where it applies

Domestic law of
Ohio

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. Daily penalty schedule from recollection of § 1349.192; not stated on summary page.