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Missouri Becomes the 45th State to Enact Data Breach Notification Legislation
July 20, 2009 4:22 PM | Posted by Matt Beebe | Print this page | E-mail the editor
Topic: Statute

Missouri has become the 45th state to enact data breach notification legislation. Governor Jay Nixon signed House Bill 62 into law on July 9, 2009. The new law goes into effect on August 28, 2009.

The law contains a broad definition of personal information. In addition to the more common elements of first name or initial and last name in combination with unencrypted Social Security Number, driver’s license number, financial account number, or credit or debit card number, the statute also includes in the definition of personal information first name or initial and last name in combination with an unencrypted:

  • Unique electronic identifier or routing code, in combination with any required security code, access code, or password that would permit access to an individual's financial account;
  • Medical information, which includes any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional; and
  • Health insurance information, which includes an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual.

Other provisions of interest:

  • If an entity must notify more than 1000 residents, it must notify the Missouri Attorney General’s office and the nationwide consumer reporting agencies of the breach.
  • Civil penalties for violating the statute may reach up to $150,000 per breach of the security of the system.

The full text of the bill is available here. Perkins Coie’s chart summarizing all of the states’ data breach notification laws is available here.

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