What to Know About

Why Pennsylvania's Data Breach Law Matters for Schools and Organizations

Major updates to What to Know About Pennsylvania's Data Breach Notification Law in 2024 have made compliance critical for K-12 schools, businesses, and government agencies. If you handle sensitive data of Pennsylvania residents, here's a summary of the new requirements:

Key Requirements at a Glance:

• Applies to: Any entity with computerized personal data of PA residents.
• Notification Deadline: Without unreasonable delay (only 7 business days for public entities).
• Who to Notify: Affected individuals, the PA Attorney General (for 500+ residents), and consumer reporting agencies (for 500+ people).
• Credit Monitoring: 12 months of free credit monitoring is now required for breaches involving SSNs, bank accounts, or state-issued ID numbers.
• Effective Date: September 26, 2024.

Data breaches are a growing threat, as shown by the July 2024 breach at the Pennsylvania State Education Association affecting an estimated 500,000 people. For K-12 schools handling sensitive student and employee data, understanding the Breach of Personal Information Notification Act (BIPNA) is essential.

The 2024 amendments strengthen consumer protections with tighter notification deadlines, mandatory credit monitoring, and new reporting requirements to the Attorney General. The threshold for notifying consumer reporting agencies also dropped from 1,000 to 500 individuals, expanding reporting obligations.

The stakes are high. Violations are considered unfair trade practices under Pennsylvania's Consumer Protection Law, leading to enforcement actions, penalties, and restitution demands. For schools on tight budgets, a breach can lead to significant compliance costs and reputational damage.

This isn't just about checking compliance boxes; it's about protecting students, staff, and families from identity theft. It starts with understanding what the law requires and building defenses before a breach happens.

Need to know if your school is vulnerable? Get your school audited for phishing vulnerabilities—phishing remains the top entry point for data breaches.

Understanding Pennsylvania's Breach of Personal Information Notification Act (BIPNA)

Pennsylvania's Breach of Personal Information Notification Act (BIPNA), enacted in 2005, is the foundation of the state's data protection rules. Its purpose is to protect PA residents by setting ground rules for how organizations secure data and respond to breaches. The act applies to any entity—public or private—that maintains computerized personal information of Pennsylvania residents.

A "breach" under BIPNA is defined as the unauthorized access and acquisition of computerized data that compromises the security of personal information. This means the data must be obtained, not just viewed. The law's intent is to empower consumers with timely information and hold organizations accountable for safeguarding the data they manage. For schools, this means being responsible stewards of all student, staff, and family data.

What Constitutes 'Personal Information'?

To know if a breach requires notification, you must understand what counts as "personal information" under What to Know About Pennsylvania's Data Breach Notification Law.

BIPNA defines it as an individual's first name or initial and last name combined with one or more of the following unencrypted or unredacted data elements:

• Social Security number: A primary target for identity theft, enabling fraud like opening new credit lines.
• Driver's license or state ID card numbers: Can be used for creating fake IDs and other fraudulent verification.
• Financial account, credit, or debit card numbers: Especially when combined with a security code or password, these provide direct access to funds.
• Medical information: As of 2024, this specifically refers to information held by a state agency or its contractor.
• Health insurance information: Details about an individual's health coverage, often handled by school nurses and HR.
• Username or email address with a password or security question: This combination can open up access to numerous online accounts.

Publicly available information does not count, but if any of these sensitive elements are exposed with a name, a notification is likely required.

Core Security & Data Disposal Requirements

Beyond post-breach notification, Pennsylvania law mandates proactive prevention. The Pennsylvania's Business and Commerce Code requires entities to maintain reasonable data security measures. This legal obligation means you must:

• Identify foreseeable risks by proactively assessing system vulnerabilities.
• Regularly test your systems through methods like phishing simulations to ensure they work. (If you haven't assessed your school's vulnerability, get your school audited for phishing vulnerabilities.)
• Respond appropriately to vulnerabilities by patching software, updating controls, and training staff.
• Maintain a detailed information security plan outlining your data protection strategy.
• Implement proper data disposal policies to securely destroy or render unreadable any personal information you no longer need.

The bottom line is that prevention is just as important as notification. Building strong security practices now means fewer breach notifications later.

Key 2024 Updates to Pennsylvania's Data Breach Law

Governor Josh Shapiro signed Senate Bill 824, enacting major changes to What to Know About Pennsylvania’s Data Breach Notification Law. Effective September 26, 2024, these amendments strengthen consumer protections and add new responsibilities for organizations handling data. It is crucial for schools, businesses, and government agencies to understand these updates to ensure compliance and protect individuals' data.

Mandatory Attorney General Notification

A significant new rule requires organizations to notify the Pennsylvania Attorney General (AG) if a data breach affects more than 500 residents. This notification must be concurrent with the notice sent to affected individuals. The report to the AG must include the organization's name and location, breach date, a summary of the incident, and the number of affected PA residents. The AG's office has launched an online reporting portal to streamline this process. Certain insurance companies regulated under 40 Pa.C.S. Ch. 45 are exempt from this specific AG notification requirement.

Required Credit Monitoring Services

Providing credit monitoring is no longer optional in certain cases. Organizations must now offer 12 months of free credit monitoring services if a breach requires notification to a consumer reporting agency and involves an individual's:

• Social Security number (SSN)
• Bank account number
• Driver’s license number
• State identification number

This rule provides victims with essential tools to protect against identity theft. Notably, the inclusion of bank account numbers is a strong protection. If an individual is ineligible for a free credit report, the organization must cover the cost of an independent one.

Lower Threshold for Consumer Reporting Agencies

The threshold for notifying consumer reporting agencies has been lowered. Previously, notification was required for breaches affecting over 1,000 individuals. Now, organizations must inform nationwide agencies like Equifax, Experian, and TransUnion if a breach impacts more than 500 individuals. This change means more incidents will trigger this important consumer protection measure.

What to Know About Pennsylvania's Data Breach Notification Law: Business & Vendor Obligations

For any Pennsylvania organization, especially K-12 schools and municipalities, understanding What to Know About Pennsylvania's Data Breach Notification Law is about proactive preparation, not just compliance. The 2024 amendments demand updated incident response plans and data handling policies. Since breaches can happen despite strong security, having clear protocols to identify, scope, and report incidents within the law's tight timelines is non-negotiable. The era of improvising a breach response is over.

Notification Timelines: When to Act

Notification timelines vary by organization type. The clock starts upon 'determination' that a breach has occurred, which follows a brief but necessary investigation period.

• Private businesses must notify individuals "without unreasonable delay." While not defined by a specific number of days, this standard requires prompt action.
• Public entities, including state agencies, counties, public schools, and municipalities, face a much stricter deadline: 7 business days to notify affected individuals.

Additionally, there are internal reporting deadlines. State agencies must inform the Governor's Office within 3 business days, while counties, public schools, and municipalities must notify their District Attorney within 3 business days. For schools, this tight 7-day window makes having a pre-existing incident response plan absolutely critical.

What to Know About Pennsylvania's Data Breach Notification Law for Third-Party Vendors

When working with third-party vendors that handle personal data, your organization retains ultimate responsibility for notification. However, vendors have their own legal duties. A vendor must notify you "as soon as reasonably practicable" after finding a breach of your data. This prompt communication is vital, as any delay on their part impacts your ability to meet your own notification deadlines.

To ensure accountability, vendor contracts should clearly define breach notification timelines, required information, and financial responsibility for costs like credit monitoring. When reviewing contracts, especially for schools, prioritize strong data security and clear notification clauses over a low bid.

Penalties for Non-Compliance

Non-compliance with What to Know About Pennsylvania's Data Breach Notification Law carries severe consequences. Violations are treated as unfair or deceptive acts under the state's Consumer Protection Law, granting the Attorney General broad enforcement powers. Potential penalties include:

• Injunctive relief (court orders to change practices)
• Restitution to compensate victims
• Civil penalties (fines)

For K-12 schools on tight budgets, these financial penalties can be crippling. However, the reputational damage from mishandling a breach and breaking the trust of parents and staff can be even more devastating and long-lasting. Investing in cybersecurity training and preparedness is essential not just for compliance, but for protecting your community.

Wondering if your school's staff can spot the phishing attempts that lead to most breaches? Get your school audited for phishing vulnerabilities to find out where your risks are before a breach happens.

A Consumer's Guide: What to Do if Your Data is Breached

Receiving a data breach notice is alarming, but knowing What to Know About Pennsylvania's Data Breach Notification Law empowers you to act. As a Pennsylvania resident, you have legal rights and can take concrete steps to protect yourself and minimize potential damage.

Your Privacy Rights Under What to Know About Pennsylvania's Data Breach Notification Law

Pennsylvania law provides you with real, enforceable rights:

• The right to be notified: Organizations must inform you of a breach without unreasonable delay.
• The right to safe data handling: Entities are legally required to implement reasonable security measures to protect your data.
• The right to credit monitoring: Following the 2024 updates, if a breach exposes your SSN, bank account number, or state-issued ID, the organization must provide 12 months of free credit monitoring.
• The right to seek legal recourse: You can explore legal options to recover losses if you are harmed by a data breach.

Steps to Take After Receiving a Breach Notice

When a notification arrives, take these steps immediately:

• Monitor your accounts: Check bank and credit card statements daily for unrecognized charges, no matter how small.
• Change your passwords: Immediately create new, strong, unique passwords for any affected accounts. Use a password manager and enable multi-factor authentication (MFA) wherever possible.
• Place a fraud alert or credit freeze: A fraud alert requires businesses to verify your identity before opening new credit. A credit freeze is stronger, locking your credit report entirely. You must contact each bureau (Equifax, Experian, TransUnion) for a freeze, but only one for an alert.
• Request your free credit reports: Get your annual free reports from AnnualCreditReport.com and review them for suspicious activity.
• Document everything: Keep the breach notice and records of all related correspondence and suspicious activity.
• Report the incident: File a report with the FTC at IdentityTheft.gov for a recovery plan and consider filing a report with local police.
• Contact an attorney: If you've suffered significant financial loss, a data privacy attorney can advise you on your options.

How to File a Complaint in Pennsylvania

If you believe an organization has violated your rights (e.g., by failing to notify you promptly or provide required credit monitoring), you can file a complaint with the Pennsylvania Attorney General's Bureau of Consumer Protection. Use the online complaint form to describe the incident and provide evidence. The Bureau may mediate on your behalf or pursue formal enforcement. Additionally, you can check for class-action lawsuits related to the breach, which may offer another path to compensation. Pennsylvania law provides tools to fight back—use them.

Frequently Asked Questions about PA's Data Breach Law

The recent updates to What to Know About Pennsylvania’s Data Breach Notification Law can be complex. Here are answers to some frequently asked questions.

Are there any exemptions to the notification law?

Yes, some exemptions exist to avoid regulatory overlap. Key exemptions include:

• HIPAA and GLBA: Entities that are subject to and in compliance with the Health Insurance Portability and Accountability Act (HIPAA) or the Gramm-Leach-Bliley Act (GLBA) may be deemed compliant with Pennsylvania's notification requirements for the data covered by those federal laws.
• Insurance Industry: Insurers regulated by Pennsylvania's specific data security laws (40 Pa.C.S. Ch. 45) are exempt from the requirement to notify the Attorney General, though other notification duties still apply.
• Encrypted or Redacted Data: If the compromised data is encrypted or redacted and the encryption key was not compromised, notification may not be required because the information is unusable.

How does Pennsylvania's law compare to federal laws?

The U.S. has a "patchwork" of data privacy laws rather than a single federal one. Industry-specific federal laws like HIPAA (healthcare) and GLBA (finance) coexist with state-specific laws like Pennsylvania's. Often, state laws impose stricter requirements. For example, Pennsylvania's mandates for 12 months of credit monitoring and lower notification thresholds go beyond many federal standards. Organizations must comply with the strictest applicable law, which can be complex for businesses but results in stronger consumer protections.

What is "substitute notice" and when is it allowed?

"Substitute notice" is an alternative notification method allowed when direct notice is impractical. An organization can use it if one of the following conditions is met:

• The cost of individual notice would exceed $100,000.
• The breach affects more than 175,000 people.
• The organization lacks sufficient contact information.

Proper substitute notice requires a combination of actions: sending emails to those for whom addresses are available, posting a conspicuous notice on the organization's website, and notifying major statewide media.

Conclusion: Strengthening Cybersecurity in Pennsylvania Schools and Beyond

The 2024 updates to What to Know About Pennsylvania's Data Breach Notification Law have made compliance a fundamental responsibility for all organizations, especially K-12 schools. With tighter deadlines—like the 7-business-day notification window for public entities—and mandatory credit monitoring, the stakes are higher than ever. Schools are prime targets for cybercriminals due to the valuable data they hold and often-limited IT resources. Phishing remains the top attack vector, where one deceptive email can lead to a massive breach.

Fortunately, most breaches are preventable, and strong defense starts with people. Training staff and students to recognize phishing attempts is the most effective way to build resilience. At CyberNut, our phishing awareness training is designed for the unique needs of K-12 schools. Our approach is low-touch, automated, and engaging, using gamified micro-trainings that fit into busy schedules and create a culture of cybersecurity.

Compliance is critical, but the real goal is protecting the students, staff, and families who trust you. Don't wait for a crisis to test your readiness. Take proactive steps to strengthen your defenses now.

Wondering where your vulnerabilities are? Get your school audited for phishing vulnerabilities to find exactly where your team needs support. It's the first step toward real, lasting protection.

Ready to build a more resilient school community? Explore more cybersecurity resources and see how CyberNut can help your institution stay secure, compliant, and confident.