The Rhode Island General Assembly amended the state’s data breach law, known as the Rhode Island Identity Theft Protection Act (Act) that makes significant changes to notification requirements for state and municipal agencies in the event of a data breach.

The Act requires state agencies and municipalities to notify the State Police of an incident within 24 hours of discovery of the incident, notify individuals as expediently as possible, within 30 days (as opposed to 45 days for non-public agencies), and to notify the collective bargaining agent if any of the recipients of the notice are represented by a labor union through a collective bargaining unit.

In addition, the new amendment requires all data breaches that affect more than 500 Rhode Islanders to notify the Attorney General, major credit reporting agencies “as to the timing, content, and distribution of the notice and the approximate number of affected individuals.”

Finally, the amendment requires state and municipal agencies to provide five years of remediation services for individuals over the age of 18, and coverage for minors until they reach the age of 20. The amendment became effective upon passage.

Photo of Linn Foster Freedman Linn Foster Freedman

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her…

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her practice on compliance with all state and federal privacy and security laws and regulations. She counsels a range of public and private clients from industries such as construction, education, health care, insurance, manufacturing, real estate, utilities and critical infrastructure, marine and charitable organizations, on state and federal data privacy and security investigations, as well as emergency data breach response and mitigation. Linn is an Adjunct Professor of the Practice of Cybersecurity at Brown University and an Adjunct Professor of Law at Roger Williams University School of Law.  Prior to joining the firm, Linn served as assistant attorney general and deputy chief of the Civil Division of the Attorney General’s Office for the State of Rhode Island. She earned her J.D. from Loyola University School of Law and her B.A., with honors, in American Studies from Newcomb College of Tulane University. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.