← All US breach laws·ND

North Dakota data breach notification law

North Dakota's data breach notification requirements under N.D. Cent. Code §§51-30-01 to 51-30-07. Below: the resident-notification deadline, AG/regulator filing threshold, the encryption safe harbor, private right of action exposure, penalty schedule, and the common pitfalls that turn an avoidable incident into a regulator enforcement action.

Statute
N.D. Cent. Code §§51-30-01 to 51-30-07
Enforcer
North Dakota Attorney General
AG notification
Required
Private right of action
No (AG-only enforcement)

Notification deadlines

Notify affected residents
In the most expedient time possible and without unreasonable delay
Notify the state regulator
Yes — if more than 250 ND residents are affected, written notice to the AG
Notify consumer reporting agencies
Yes — if more than 1,000 residents, notify nationwide CRAs

When is notification required?

Trigger / harm threshold
Notification required when unauthorized acquisition has occurred or is reasonably believed to have occurred
Encryption safe harbor
Yes — properly encrypted personal information is generally exempt from notification, provided the encryption key was not also compromised.

What counts as "personal information" under North Dakota law

First name/initial + last name with SSN, DL/state ID, financial account + access code, date of birth, mother's maiden name, employee ID + access code, digital signature, employer ID + access code

Penalties and enforcement

Up to $5,000 per violation under Consumer Protection Act
Enforced by: North Dakota Attorney General. Official regulator page →

Common pitfalls

⚠ North Dakota's PI definition uniquely includes mother's maiden name and DOB — common in security Q&A fields

Frequently asked questions

How long do I have to notify North Dakota residents after a data breach?
In the most expedient time possible and without unreasonable delay
Do I have to notify the North Dakota Attorney General?
Yes — if more than 250 ND residents are affected, written notice to the AG
Does North Dakota require notification to nationwide consumer reporting agencies?
Yes — if more than 1,000 residents, notify nationwide CRAs
Is encrypted data exempt from North Dakota's breach notification requirement?
Yes — North Dakota has an encryption safe harbor. Breaches of properly encrypted personal information generally do not trigger notification, provided the encryption key was not also compromised.
Can North Dakota residents sue me directly for a data breach?
No — North Dakota's breach statute does not provide a direct private right of action. Residents typically must rely on the AG to enforce, or pursue common-law negligence claims.
What counts as 'personal information' under North Dakota law?
First name/initial + last name with SSN, DL/state ID, financial account + access code, date of birth, mother's maiden name, employee ID + access code, digital signature, employer ID + access code
What are the penalties for failing to comply with North Dakota's breach notification law?
Up to $5,000 per violation under Consumer Protection Act

Related state breach laws

New York (NY)
N.Y. Gen. Bus. Law §899-aa + §899-bb
North Carolina (NC)
N.C. Gen. Stat. §§75-60 to 75-65
Ohio (OH)
Ohio Rev. Code §§1349.19
Oklahoma (OK)
24 Okla. Stat. §§161 to 166

Pre-empt the North Dakota breach notice — audit your policy now

ComplianceIQ runs a free audit of your privacy policy and incident-response language against North Dakota's statutory requirements. You'll see every gap before you have to use it for real.

Run free policy audit