Mississippi recently enacted the Breach of Security statute to require persons who conduct business in Mississippi to disclose breaches of security to all affected individuals. See 2010 Miss. H.B. 583 (effective July 1, 2011). Notification may be written, telephonic, or electronic. Substitute notice also may be provided in certain situations.

    With the enactment of its security breach statute, Mississippi joins 46 other jurisdictions having statutes requiring that some form of notice be provided to consumers whose personal information may have been acquired by unauthorized persons. The majority of these statutes were enacted in 2005 and 2006, however, states continue to
    add these types of statutes, with six states adding statutes in 2008 and one state adding a statute in 2009. The statutes generally require persons that maintain computerized data that includes personal information on individuals to give notice of any breach of the security of the system to the individuals whose unencrypted personal information may have been acquired by an unauthorized person. The statutes generally are written broadly to cover all types of personal information and not just credit information.

    Mississippi also recently enacted the Caller ID Anti-Spoofing Act to prohibit (i) entering or causing to be entered false information into a telephone caller identification system or (ii) placing a call knowing that false information was entered into the telephone caller identification system with the intent to deceive, defraud or mislead the recipient of the call. See 2010 Miss. H.B. 872 (effective July 1, 2010). Mississippi joins other states in regulating caller ID spoofing.

    • Margaret Stolar and