Most organizations think of data privacy laws as legal issues, but many of these laws directly affect how your IT systems are configured, monitored, and maintained. Across the United States, states have passed laws that require businesses to handle sensitive data responsibly and respond quickly to potential breaches.
Even if your company does not operate under a national privacy law, these state-level mandates still shape how your technology is managed, documented, and secured. Here is how three states, West Virginia, Ohio, and Kentucky, approach data protection and what it means for your business.
West Virginia Data Breach Notification Law
West Virginia’s Data Breach Notification Law requires businesses, government agencies, and organizations that handle personal data of state residents to take immediate action if that information is compromised.
What the law covers:
-
Personal information such as Social Security numbers, driver’s license numbers, or financial account details
-
Digital and paper records that include sensitive personal data
Notification requirements:
If unencrypted personal information is accessed by an unauthorized person, the organization must notify affected individuals without unreasonable delay. If more than 1,000 residents are impacted, the company must also notify the West Virginia Attorney General and national credit reporting agencies.
Why it matters for IT:
This law reinforces the need for strong incident response and monitoring systems. Your IT team or provider must be able to detect unusual activity, document system access, and identify compromised data quickly. Businesses should maintain a written incident response plan, regularly review audit logs, and ensure all sensitive information is encrypted both at rest and in transit.
Source: West Virginia Code §46A-2A-102 – Security Breach Notification
Ohio Data Protection Act
Ohio’s Data Protection Act (ODPA) takes a different approach. Instead of mandating specific security controls, it incentivizes businesses to adopt industry-recognized cybersecurity frameworks by providing a level of defense from cyber-related lawsuits.
What the law covers:
-
The ODPA is an incentivized regulation that grants safe harbor protection to businesses that implement approved cybersecurity frameworks such as NIST, ISO/IEC 27001, or CIS Controls.
-
Businesses that can demonstrate compliance with one of these frameworks may use it as a defense in civil lawsuits following a data breach.
Why it matters for IT:
To benefit from this safe harbor, businesses must create a written cybersecurity program that aligns with a recognized framework. This includes regular risk assessments, patch management, vendor oversight, employee training, and documentation of IT policies. While optional, this program provides both legal protection and a strong cybersecurity foundation.
Adopting a formalized framework not only helps prevent breaches but also demonstrates due diligence if one occurs.
Source: Ohio Revised Code §1354 – Ohio Data Protection Act
Kentucky Breach Notification Law
Kentucky’s Breach Notification Law requires businesses to alert residents as quickly as possible if their unencrypted personal information is accessed or acquired by an unauthorized person.
What the law covers:
-
Personally identifiable information such as Social Security numbers, financial account data, or driver’s license numbers
-
Any unencrypted or unredacted computerized data that could cause identity theft or fraud if exposed
Notification requirements:
If a breach occurs, affected individuals must be notified immediately once the scope of the breach is confirmed. If more than 1,000 people are affected, the organization must also notify nationwide credit reporting agencies.
Why it matters for IT:
This law highlights the importance of encryption and access control. Encrypting sensitive data is one of the best ways to reduce risk and, in some cases, avoid mandatory notification altogether. Businesses should ensure that encryption standards are applied across servers, cloud storage, and mobile devices.
Additionally, logging and monitoring tools are essential for detecting unauthorized access and verifying whether unencrypted data was exposed. A consistent backup and recovery process can also minimize downtime and prevent data loss after an incident.
Source: Kentucky Revised Statutes §365.732 – Security Breach Notification
Why These Laws Matter
Each state’s rules may differ, but they all reinforce one idea: cybersecurity and compliance go hand in hand. These laws define how businesses must store, monitor, and protect information.
Businesses can be subject to the laws of other countries and states if they conduct business within their borders, sell or provide services online to their citizens, or collect, process, or store their citizens’ personal data. This means that operating across borders, physically or digitally, can require compliance with multiple legal and regulatory frameworks.
Even without a national privacy law, organizations are expected to document their systems, manage access, and respond quickly when data is at risk. Taking time to understand these requirements helps reduce exposure, strengthen trust, and keep information secure.
Staying informed about state-level data protection laws helps your business make smarter decisions about cybersecurity and compliance. By aligning your IT practices with these legal expectations, you protect both your organization and the people who trust it.
Coal & Mining