Careers

Diversity, Equity & Inclusion

Experience

Innovation

Interactive Maps

Locations

About

Pages

Meet our team of innovators
Ask us how we do it

Professionals

Insights

Services

Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

Home | Thompson Hine LLP

Atlanta

Chicago

Cincinnati

Cleveland

Columbus

Dayton

Los Angeles

Minneapolis

New York

Washington, D.C.

Data Breach Requirements: Miss. Code § 75-24-29 et seq.

core/heading

The numbering and internal citations herein are derived from the applicable state statute.

core/paragraph

The term “personal information” means an individual’s first name or first initial and last name in combination with any one or more of the following data elements: (i) Social Security number; (ii) Driver’s license number, state identification card number, or tribal identification card number; or (iii) An account number or credit or debit card number in combination with any required security code, access code, or password that would permit access to an individual’s financial account.

core/separator

The term “breach of security” means unauthorized acquisition of electronic files, media, databases, or computerized data containing personal information of any resident of this state when access to the personal information has not been secured by encryption or by any other method or technology that renders the personal information unreadable or unusable.

A breach notification shall not be required if, after an appropriate investigation, the person reasonably determines that the breach will not likely result in harm to the affected individuals.

The breach disclosure shall be made without unreasonable delay, subject to the provisions of subsections (4) (data processor obligations) and (5) (security and investigation exceptions) of this section and the completion of an investigation by the person to determine the nature and scope of the incident, to identify the affected individuals, or to restore the reasonable integrity of the data system.

A breach notification shall be delayed for a reasonable period of time if a law enforcement agency determines that the notification will impede a criminal investigation or national security and the law enforcement agency has made a request that the notification be delayed. Any such delayed notification shall be made after the law enforcement agency determines that notification will not compromise the criminal investigation or national security and so notifies the person of that determination.

A breach notice may be provided by one of the following methods: (a) Written notice; (b) Telephone notice; (c) Electronic notice, if the person’s primary means of communication with the affected individuals is by electronic means or if the notice is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. § 7001 (The Electronic Signatures in Global and National Commerce Act); or (d) Substitute notice, provided the person demonstrates that the cost of providing notice in accordance with paragraph (a), (b) or (c) of this subsection would exceed $5,000, that the affected class of subject persons to be notified exceeds 5,000 individuals, or the person does not have sufficient contact information.

Substitute notice shall consist of the following: email notice when the person has an email address for the affected individuals; conspicuous posting of the notice on the website of the person if the person maintains one; and notification to major statewide media, including newspapers, radio, and television.

Any person that maintains such a security breach procedure pursuant to the rules, regulations, procedures, or guidelines established by the primary or federal functional regulator, as defined in <a>15 USCS 6809(2</a>), shall be deemed to be in compliance with the security breach notification requirements of this section, provided the person notifies affected individuals in accordance with the policies or the rules, regulations, procedures, or guidelines established by the primary or federal functional regulator in the event of a breach of security of the system.

Any person who conducts business in this state that maintains computerized data which includes personal information that the person does not own or license shall notify the owner or licensee of the information of any breach of the security of the data as soon as practicable following its discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person for fraudulent purposes.

Mississippi