Quick Facts
Breach Based on Harm Threshold: No
Deadline for Consumer Notice: Most expedient time possible without unreasonable delay
Government Notification Required: No
Scope of this Summary:
Notification requirements applicable to "data collectors" (meaning certain state or local governmental agencies), "information brokers" (meaning persons or commercial entities who engage in whole or in part in the business of collecting, evaluating, transmitting, or otherwise communicating information concerning individuals for the primary purpose of furnishing personal information to nonaffiliated third parties), and persons maintaining covered info on their behalf.
Risk of Harm Threshold
N/A
Breach Defined
Unauthorized acquisition that compromises the security, confidentiality, or integrity of the covered info, excluding certain good-faith access by employees or agents.
Encryption Safe Harbor
Statute does not apply to information that is encrypted or redacted.
Form of Covered Info
Electronic Only
Covered Information
An individual's first name or first initial and last name in combination with any one or more of the following data elements:
- Social Security number.
- Driver's license number or state identification card number.
- Account number, credit card number, or debit card number, if circumstances exist wherein such a number could be used without additional identifying information, access codes, or passwords.
- Account passwords or personal identification numbers or other access codes.
- Any of the data elements listed above when not in connection with the individual's first name or first initial and last name, if the information compromised would be sufficient to perform or attempt to perform identity theft against the person whose information was compromised.
Consumer Notice Timing
Must be made in the most expedient time possible and without unreasonable delay, consistent with any measures necessary to determine the scope of the breach and restore the reasonable integrity, security, and confidentiality of the system.
Consumer Notice Method
By written notice, telephonic notice, or electronic notice if it is consistent with E-SIGN. Substitute notice is available if certain criteria are satisfied.
Consumer Notice Content
Content of notice undefined.
Delayed Notice
Notification may be delayed if law enforcement determines that notice will compromise a criminal investigation.
Government Notice
The Georgia general breach notification statute does not require notice to any governmental or regulatory agencies.
Consumer Reporting Agency Notice
If more than 10,000 residents notified, must notify all nationwide Consumer Reporting Agencies without unreasonable delay of timing, distribution, and content of the consumer notice.
Exceptions for Other Laws
None
Third-Party Notice
If you maintain covered info on behalf of an information broker or data collector, you must notify them within 24 hours following discovery of a breach if the covered information was or is reasonably believed to have been accessed without authorization.
Private Right of Action
The Georgia general breach notification statute does not provide for a private right of action.
Potential Penalties
The Georgia general breach notification statute does not provide for regulatory enforcement.
This summary is for informational purposes only. It provides general information and not legal advice or opinions regarding specific facts. Additional requirements or conditions may apply to any or all provisions referenced herein. For more information about the state data breach notification laws or other data security matters, please seek the advice of counsel.
Last revised on June 15, 2023