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This Week in Privacy: How to Tell if You’re a Victim of a Data Breach

"This Week in Privacy” is a new column for in-house counsel who need advice in the privacy and cybersecurity sectors. K Royal is a director at TrustArc. To have your legal privacy questions answered, email ms.kroyal@gmail.com with “This Week in Privacy" in the subject line.


Q: I did not receive a notice of breach from a recent large data breach in the United States. This means I am not a potential victim, right?


A: Wrong. In the United States, there are various options in most of the state breach notification laws and the federal privacy laws. Typically, when notifying a large number of people, the company can notify customers or clients by using various media channels (e.g., press releases, newspapers), posting a notice on its website, or emailing the individual if they have an email on record with the company. So if it is a breach of millions of victims, notification may be both cost prohibitive and impossible if email addresses are not available — and if you heard about it, you got notice.

Here are some resources on state data breach notification laws:

State Data Security Breach Notification Laws
State Data Breach Notification Laws
Security Breach Notification Laws

About the Author

K Royal is a technology columnist for ACCDocket.com, and director at TrustArc. @heartofprivacykroyal


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