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Security Breach Notification Policy Template for United States

A Security Breach Notification Policy is a formal document outlining an organization's procedures for responding to data security incidents under United States federal and state laws. The policy addresses requirements from various regulations including state-specific breach notification laws, HIPAA, GLBA, and industry standards. It details the steps for identifying, assessing, and responding to security breaches, including notification requirements for affected individuals, regulatory bodies, and law enforcement.

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What is a Security Breach Notification Policy?

The Security Breach Notification Policy is essential for organizations operating in the United States to ensure compliance with the complex landscape of federal and state data breach notification requirements. This policy becomes necessary as organizations collect, process, and store increasing amounts of sensitive personal information, and face growing cybersecurity threats. It provides a framework for responding to security incidents, meeting regulatory obligations, and protecting affected individuals' rights. The policy must address various jurisdictional requirements, as all 50 states have their own breach notification laws, along with federal regulations for specific sectors.

What sections should be included in a Security Breach Notification Policy?

1. Purpose and Scope: Defines the policy's objectives and who/what it covers

2. Definitions: Key terms including 'breach', 'personal information', 'affected individuals'

3. Breach Detection and Response Team: Roles and responsibilities for breach response

4. Breach Assessment Procedures: Steps for evaluating and confirming security incidents

5. Notification Requirements: Timing, content, and methods of notification

6. Documentation Requirements: Record-keeping obligations for breach incidents

What sections are optional to include in a Security Breach Notification Policy?

1. Industry-Specific Requirements: Additional requirements for specific sectors (healthcare, financial)

2. International Considerations: Requirements for cross-border data breaches

3. Vendor Management: Procedures for breaches involving third-party vendors

What schedules should be included in a Security Breach Notification Policy?

1. Breach Response Checklist: Step-by-step guide for handling breach incidents

2. Notification Templates: Sample notification letters for different scenarios

3. Contact List: Key contacts for breach response including regulators and law enforcement

4. State-Specific Requirements: Summary of varying state notification requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use

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