North Dakota Data Misuse Law Amended

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North Dakota criminal law currently contains penalties for misusing the personal information of another. That law has been expanded, and beginning August 1, 2019, it is a class B felony to use a skimmer or scanning device to try get information from a payment card, credit card, or state ID without the permission of the authorized card holder. Also changing August 1 are more elements in the definition of personal information. Namely, payment card information, biometric data, and other “numbers, documents or information that can be used to access another person’s financial records.” Existing elements in the law included social security numbers, employee ID, mother’s maiden name, and the like.

Putting it Into Practice: This amendment is a reminder that states have a variety of laws in place aimed at protecting individuals from the misuse of their personal information. These laws are constantly being re-examined, and the definition of personal information is ever-expanding.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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