Privacy in the States: Data Breach Notification in TN, Drone Surveillance in OR

Tennessee has become to the first state to expand data breach notification requirements to encrypted data. Public Chapter Number 692 requires any information holder to notify Tennessee residents of a data breach even if the data was encrypted. Information holders include anyone who conducts business in the state or state agencies that own or license personal information. The new law also requires that the notice be made within 45 days of discovering the breach.

Oregon further strengthened protections against drone surveillance last month when Governor Kate Brown signed HB 4066. Existing Oregon law already provided a civil action against drone operators who fly over private property after receiving notice from the property owner. The new legislation adds a provision to the state's criminal laws which would make the recording of photos, motion picture video, or other visual recording through the use of a drone an invasion of personal privacy, which is a Class A misdemeanor. The law also requires that any public body that operates a drone establish policies for the "use, storage, accessing, sharing and retention of data" resulting from the operation of drones. EPIC's State Policy Project monitors state privacy issues nationwide.

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