Mississippi Data Breach Notification Law (Miss. Code Ann. § 75-24-29)
Requires notification of data breaches to affected Mississippi residents. Establishes timing requirements and content standards for breach notices. Includes provisions for substitute notice methods and enforcement by the attorney general.
| Jurisdiction | Mississippi |
|---|---|
| Category | Cybersecurity |
| Status | Active |
| Latest development |
Analysis
Key Requirements
The Mississippi Data Breach Notification Law (Miss. Code Ann. § 75-24-29) establishes the following key requirements:
- Definition of Personal Information: The law defines personal information as an individual's first name or first initial and last name in combination with any of the following: Social Security number, driver's license number, state identification card number, account number, or credit/debit card number in combination with any required security code, access code, or password that would permit access to an individual's financial account. Mississippi Code § 75-24-29(2)(b)
- Breach Notification: Any person conducting business in Mississippi must disclose any breach of security to all affected individuals without unreasonable delay. Mississippi Code § 75-24-29(3)
- Risk of Harm Analysis: Notification is not required if, after an appropriate investigation, the entity reasonably determines that the breach will not likely result in harm to the affected individuals. Mississippi Code § 75-24-29(3)
- Notification Methods: Notice may be provided by written notice, telephone notice, or electronic notice. Mississippi Code § 75-24-29(6)
- Substitute Notice: If certain conditions are met (e.g., cost of providing notice exceeds $5,000 or affected class exceeds 5,000 individuals), substitute notice may be provided through email, website posting, and notification to statewide media. Mississippi Code § 75-24-29(6)(d)
Compliance Challenges
Organizations face several challenges in complying with Mississippi's data breach notification law:
- Determining Breach Scope: Accurately identifying affected individuals and assessing the extent of compromised data can be complex, especially for large-scale breaches. Ponemon Institute's Cost of a Data Breach Report
- Risk of Harm Analysis: Conducting a thorough investigation to determine if a breach is likely to result in harm, balancing the need for quick notification with accurate risk assessment. IAPP Privacy Advisor Article on Harm Thresholds
- Meeting Notification Deadlines: Ensuring timely notification without unreasonable delay while conducting necessary investigations and preparing notification content. Verizon Data Breach Investigations Report
Implementation Best Practices
To effectively implement Mississippi's data breach notification requirements:
- Develop a comprehensive incident response plan that includes specific steps for breach detection, investigation, and notification. NIST Incident Response Guide
- Implement strong data security measures to prevent breaches, including encryption, access controls, and regular security audits. CIS Critical Security Controls
- Establish a breach assessment team with clearly defined roles and responsibilities for investigating potential breaches and determining notification requirements. SANS Institute Incident Handler's Handbook
- Create notification templates that comply with Mississippi's requirements, allowing for quick customization in the event of a breach. IAPP Sample Breach Notification Template
Recent Updates
As of March 2024, there have been no significant recent updates to Mississippi's data breach notification law. However, organizations should regularly check the Mississippi Secretary of State's website for any potential changes or amendments.
Related Regulations
Mississippi's data breach notification law interacts with several other regulations:
- HIPAA: For healthcare organizations, HIPAA's breach notification requirements may apply in addition to state law. HHS HIPAA Breach Notification Rule
- Gramm-Leach-Bliley Act (GLBA): Financial institutions must comply with GLBA's data protection and breach notification requirements. FTC Safeguards Rule
- State Insurance Data Security Law: Insurance companies in Mississippi must also comply with specific cybersecurity and breach notification requirements. Mississippi Insurance Department Cybersecurity Law
Industry Impact
The data breach notification law affects various industries in Mississippi:
- Retail: Businesses handling customer payment information must ensure robust security measures and breach response capabilities. NRF Data Security
- Healthcare: Medical providers must navigate both state and federal (HIPAA) breach notification requirements. AHIMA Data Breach Management Toolkit
- Financial Services: Banks and credit unions face heightened scrutiny due to the sensitive nature of financial data. ABA Data Breach Response Toolkit
Sources
- Mississippi Code § 75-24-29
- Ponemon Institute's Cost of a Data Breach Report
- IAPP Privacy Advisor Article on Harm Thresholds
- Verizon Data Breach Investigations Report
- NIST Incident Response Guide
- CIS Critical Security Controls
- SANS Institute Incident Handler's Handbook
- IAPP Sample Breach Notification Template
- Mississippi Secretary of State's website
- HHS HIPAA Breach Notification Rule
- FTC Safeguards Rule
- Mississippi Insurance Department Cybersecurity Law
- NRF Data Security
- AHIMA Data Breach Management Toolkit
- ABA Data Breach Response Toolkit
Recent developments
- — NCSL’s December 4, 2025 update to its Security Breach Notification Laws survey confirms Mississippi’s existing requirements under § 75‑24‑29, including individual notice “as expeditiously as possible” and without unreasonable delay, and reflects continued national tracking of Mississippi within the broader breach-notification landscape.[6] (source)
- — A 2025 practitioner article on “Mississippi Cybersecurity Laws You Should Know” reiterates that Mississippi’s Data Breach Notification Law requires businesses to notify affected individuals without unreasonable delay where personal information is compromised, situating § 75‑24‑29 among the state’s core cybersecurity obligations.[4] (source)
- — A 2025 quarterly update by Foley & Lardner’s State Data Breach Notification Laws chart summarizes current Mississippi breach rules under § 75-24-29, highlighting the 45‑day outside limit for individual notice after breach determination and AG notice requirements when more than 1,000 individuals are notified.[2] (source)
Related regulations
- NYDFS Cybersecurity Regulation — New York, Active, effective 2025-11-01
- Law on Cybersecurity of Vietnam — Vietnam, Active
- Austria NIS2 Act — Austria, Upcoming
- Luxembourg NIS2 Transposition — Luxembourg, Active
- EU Cyber Resilience Act (CRA) — European Union, Phased, effective 2027-12-11
- EU Cyber Resilience Act - Vulnerability and Incident Reporting (11 Sep 2026) — European Union, Active, effective 2026-09-11
- Netherlands NIS2 Transposition (Cyberbeveiligingswet) — Netherlands, Active, effective 2026-08-15
- Belgium NIS2 Transposition — Belgium, Active, effective 2024-10-18
Put it into practice
- Generate the policy: Privacy policy generator (generatepolicy.com)
- Buy the policy pack: State Privacy Law Checklist (cyberpolicy.shop)
- Build it yourself: 2026 US Privacy Program Workbook (ciso.diy)
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