Pennsylvania. Breach notification. Act

PA breach lawPennsylvania data breach notification law (73 Pa. Stat. § 2301 et seq. (Breach of Personal Information Notification Act))

In force

§1Summary

Synopsis

Requires businesses (and in most cases public bodies) that own or license computerised personal information about Pennsylvania 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 with codes, medical information (state agencies/contractors), health insurance data; online credentials.

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

12 months of free credit monitoring and one credit report where SSN, bank account or ID numbers are exposed; insurance-regulated entities exempt from AG notice.

SaaS relevance

A SaaS provider hosting customer data is usually the 'maintaining' entity, not the owner: Pennsylvania requires the maintaining vendor to notify the entity on discovery; vendors to state agencies have specific duties. 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 concurrently if >500 residents; CRAs if >500; state agencies within 7 business days
DPO
No
Cross-border transfers
None
Maximum penalty
AG enforcement under UTPCPL (up to $1,000 per violation, $3,000 if victim 60+)

§3Dates

Key dates
  • Adopted
  • In force
  • Act 151 of 2022 (eff. 2023-05-02); Act 33 of 2024 (SB 824, eff. 2024-09-26) added AG notice, credit monitoring

§4Text and authority

Text
Authority
Pennsylvania Office of Attorney General

§5Where it applies

Domestic law of
Pennsylvania

§6Sources and verification

Sources consulted
Verification

High confidence.