Data Security Rules

The FTC's Marriott and Starwood Order: Three Breaches, Two Counts and a 20-Year Security Program

October 19, 2026

On December 20, 2024 the FTC issued its final complaint and decision and order against Marriott and Starwood, Docket No. C-4807, alleging deceptive and unfair data security behind three breaches between 2014 and 2020. The order mandates a specified security program, biennial outside assessments, deletion requests and loyalty point restoration for 20 years.

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State AG Enforcement

The Marriott Multistate Settlement: $52 Million and a Court-Ordered Security Program From the State Attorneys General

October 19, 2026

On October 9, 2024 the attorneys general of 49 states and the District of Columbia settled with Marriott over the Starwood reservation database breach and a later intrusion using franchise employee credentials. Marriott agreed to pay $52 million divided among the states and to a detailed, court-ordered security program, without admitting liability.

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Employee Privacy

Michigan's Bullard-Plawecki Act: Personnel Records, Excluded Files and Disclosure Notice

October 19, 2026

Michigan's Bullard-Plawecki Employee Right to Know Act, in force since January 1, 1979, gives employees of employers with four or more workers a right to review and copy their personnel records, but excludes eight categories of material, bars records of off-duty associations and political activity, requires mailed notice before disciplinary records go to outsiders, and lets employees sue.

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Breach Notification

Michigan's Breach Notice Law: MCL 445.72, the Risk-of-Harm Test and the Identity Theft Protection Act

October 19, 2026

Michigan's breach duty is section 12 of the Identity Theft Protection Act, MCL 445.72. It requires notice unless the entity determines, with ordinary prudence, that the breach is not likely to cause substantial loss, injury or identity theft. Insurers are carved out to a parallel regime in the Insurance Code, and Senate Bills 360 to 364 would add Attorney General notice.

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VPPA

Michigan's Preservation of Personal Privacy Act: Reading Records, the 2016 Amendment and the Limitations Fight

October 19, 2026

Michigan's Preservation of Personal Privacy Act bars businesses that sell, rent or lend books, sound recordings or videos from knowingly disclosing records identifying what a customer bought. Until 2016 PA 92 took effect on July 31, 2016, it carried $5,000 in statutory damages; claims over pre-amendment disclosures then produced a run of federal rulings on its limitations period.

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State Comprehensive Privacy Laws

The Minnesota Consumer Data Privacy Act: Scope, Rights, Assessments and Enforcement in Chapter 325M

October 19, 2026

Minnesota's Consumer Data Privacy Act, Minn. Stat. 325M.10 to 325M.21, has applied since July 31, 2025 to entities that control or process data on 100,000 Minnesotans, or 25,000 with a sale-revenue test. It adds a third-party list right and a written policy inventory to the familiar model, and since January 31, 2026 the Attorney General may sue without a warning letter.

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Breach Notification

Minnesota's Data Breach Notification Law: Section 325E.61 and Its Government Counterpart, Section 13.055

October 19, 2026

Minnesota's private-sector breach statute, Minn. Stat. 325E.61, has changed little since 2006. It requires notice to residents whose unencrypted personal information was or is reasonably believed acquired, without a risk-of-harm exception or a day count, adds a 48-hour credit bureau notice above 500 persons, and leaves government entities to a separate statute with its own rules.

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Automated Decision-Making

Minnesota's Right to Question a Profiling Decision: What Section 325M.14, Subdivision 1(g) Says and Leaves Open

October 19, 2026

Paragraph (g) of Minn. Stat. 325M.14, subdivision 1, gives a consumer profiled for a significant decision the right to question the result, be told the reason, learn (if feasible) what might have changed it, review the data used and obtain reevaluation on corrected data. Colorado, Tennessee and California treat the same ground differently, and the statute does not define most of its terms.

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Breach Notification

Tennessee's Breach Notification Law: How Public Chapter 91 Rewrote Section 47-18-2107

October 19, 2026

Tennessee replaced its breach statute twice in two years. Public Chapter 692 of 2016 set a 45-day deadline and dropped the encryption exception; Public Chapter 91 of 2017 rewrote section 47-18-2107 in full, restoring encryption by reference to FIPS 140-2, keeping 45 days, adding a materiality test and a credit bureau duty, and keeping a customer's right to sue.

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AI & Privacy

Tennessee's ELVIS Act: Voice, Likeness and Liability for Imitation Tools

October 19, 2026

Tennessee's Ensuring Likeness, Voice, and Image Security Act, enacted as Public Chapter 588 and effective July 1, 2024, renamed the state's 1984 publicity statute, added a voice right that covers simulations, and created civil liability for public distribution of unauthorized voices or likenesses and for tools whose primary purpose is producing a particular person's voice or likeness.

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State Comprehensive Privacy Laws

The Tennessee Information Protection Act: Thresholds, Rights, the NIST Defense and AG Enforcement

October 19, 2026

Tennessee's privacy statute, enacted as Public Chapter 408 of 2023 and in force since July 1, 2025, combines a $25 million revenue floor with high consumer counts, broad entity exemptions, a permanent 60-day cure, an affirmative defense for programs aligned to the NIST Privacy Framework, and court-awarded treble damages for willful violations.

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