Chapter 7: State Data Breach Notification, Data Security, and Data Destruction Laws

When Notification May Be Delayed

When a breach is suspected to involve criminal activity, all states allow delay if law enforcement determines notice would impede a criminal investigation. Notice must issue as soon as the investigation concludes or law enforcement clears it.

How this supports CIPP/US study

Use this lesson to compare state-law scope, rights, exceptions and enforcement before choosing an answer. Continue with the CIPP/US practice exam.

All states allow a reasonable delay of required notifications if law enforcement determines notice would impede a criminal investigation. The covered entity must still notify as soon as possible once the investigation is complete or law enforcement decides notice will not compromise it.

Key terms - quick answers

What is “Law enforcement delay”?
A provision allowing breach notice to be postponed for a reasonable period when law enforcement determines that notification would impede a criminal investigation.

Sources and study method

This independent lesson uses active recall, spaced retrieval and scenario practice. Read the full study method.