Pennsylvania’s Amended Breach Notification Act: What Organizations Need to Know

In June 2024, Pennsylvania took a significant step to bolster its data privacy regulations by amending the Breach of Personal Information Notification Act (BPINA). The amendments, brought about by Senate Bill 824, officially went into effect on September 26, 2024. These changes will impact any organization handling personal information of Pennsylvania residents, regardless of size or sector. Understanding these updates is essential for ensuring compliance with the new regulations and avoiding potential penalties.

Top Five BPINA Changes

Here are the top five changes to Pennsylvania’s BPINA that organizations must address:

1. Required Notification of the Attorney General

Under the amended law, organizations are required to notify the Pennsylvania Attorney General’s Office whenever a data breach impacts more than 500 Pennsylvania residents. This notification must be sent at the same time as notices are sent to affected individuals and include important details such as the organization’s name, the date of the breach, a summary of the incident, and the number of affected individuals. This is a major shift from the previous version of BPINA and aligns Pennsylvania with similar data breach notification laws across the country.

2. Mandatory Credit Monitoring and Reports

For breaches that involve sensitive data, such as Social Security numbers, bank account numbers, or driver’s license numbers, affected organizations must now provide individuals with free credit monitoring and access to a credit report for 12 months. This added obligation emphasizes the growing importance of consumer protection in data breach cases and increases the potential costs organizations may face following a breach.

3. New Online Reporting Portal

The Pennsylvania Attorney General’s Office has introduced a dedicated online portal for reporting breaches that affect over 500 Pennsylvania residents. Organizations are to submit the required breach notifications through this portal starting September 26, 2024. This system is designed to streamline the process and ensure organizations provide the necessary information in a timely and accurate manner.

4. Updated Definition of Personal Information

One of the most notable changes is the adjustment to the definition of “personal information.” The amendment narrows the scope of medical information to only apply to state agencies or contractors. While private sector organizations no longer need to notify individuals about breaches involving medical information, state agencies and contractors still carry this responsibility. This change could reduce the reporting burden for some businesses, but it also introduces a new layer of complexity for organizations that work with state agencies or handle public-sector data.

5. Reduced Threshold for Consumer Reporting Agency Notifications

Previously, organizations had to notify consumer reporting agencies when more than 1,000 individuals were impacted by a data breach. The new threshold is 500 individuals, which will likely increase the frequency with which organizations need to inform these agencies. This shift reflects the growing focus on ensuring individuals are aware of potential risks to their personal data as soon as possible.

Next Steps for Handling Data in Pennsylvania

Organizations doing business in Pennsylvania, or handling data for Pennsylvania residents, must review and update their data breach response plans to accommodate these new requirements. In particular, they should assess whether their current incident response protocols and cyber insurance policies cover the new obligations, such as providing credit monitoring services. Failure to comply with the revised BPINA could result in significant penalties and legal action, making early preparation essential.

As these changes take effect, it’s clear that Pennsylvania is stepping up efforts to ensure that individuals are better protected in the event of a data breach. Organizations, in turn, need to enhance their cybersecurity measures and remain vigilant in meeting these updated legal requirements. The new amendments represent a broader trend in state-level data privacy laws across the country, and Pennsylvania is now at the forefront of pushing for greater accountability and transparency in data breach handling.

For more information, be sure to visit our SOC & Technology Consulting, Cybersecurity, and Forensic Examination pages, and don’t hesitate to contact Dave Hammarberg regarding our services.

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