Notify Individuals

Notify individuals. If you quickly notify people that their personal information has been compromised, they can take steps to reduce the chance that their information will be misused. In deciding who to notify, and how, consider:

  • state laws
  • the nature of the compromise
  • the type of information taken
  • the likelihood of misuse
  • the potential damage if the information is misused 

For example, thieves who have stolen names and Social Security numbers can use that information not only to sign up for new accounts in the victim’s name, but also to commit tax identity theft. People who are notified early can take steps to limit the damage.

When notifying individuals, the FTC recommends you:

  • Consult with your law enforcement contact about the timing of the notification so it doesn’t impede the investigation.
  • Designate a point person within your organization for releasing information. Give the contact person the latest information about the breach, your response, and how individuals should respond.
  • Consider using letters (see sample below), websites, and toll-free numbers to communicate with people whose information may have been compromised. If you don’t have contact information for all of the affected individuals, you can build an extensive public relations campaign into your communications plan, including press releases or other news media notification.
  • Consider offering at least a year of free credit monitoring or other support such as identity theft protection or identity restoration services, particularly if financial information or Social Security numbers were exposed. When such information is exposed, thieves may use it to open new accounts. 

State breach notification laws typically tell you what information you must, or must not, provide in your breach notice. In general, unless your state law says otherwise, you’ll want to:

  • Clearly describe what you know about the compromise. Include:
    • how it happened
    • what information was taken
    • how the thieves have used the information (if you know)
    • what actions you have taken to remedy the situation
    • what actions you are taking to protect individuals, such as offering free credit monitoring services
    • how to reach the relevant contacts in your organization

Consult with your law enforcement contact about what information to include so your notice doesn’t hamper the investigation.

Tell people what steps they can take, given the type of information exposed, and provide relevant contact information. For example, people whose Social Security numbers have been stolen should contact the credit bureaus to ask that fraud alerts or credit freezes be placed on their credit reports. See IdentityTheft.gov/databreach for information on appropriate follow-up steps after a compromise, depending on the type of personal information that was exposed. Consider adding this information as an attachment to your breach notification letter, as we’ve done in the model letter below.

Include current information about how to recover from identity theft. For a list of recovery steps, refer consumers to IdentityTheft.gov.

Consider providing information about the law enforcement agency working on the case, if the law enforcement agency agrees that would help. Identity theft victims often can provide important information to law enforcement.

Encourage people who discover that their information has been misused to report it to the FTC, using IdentityTheft.gov. IdentityTheft.gov will create an individualized recovery plan, based on the type of information exposed. And, each report is entered into the Consumer Sentinel Network, a secure, online database available to civil and criminal law enforcement agencies.

Describe how you’ll contact consumers in the future. For example, if you’ll only contact consumers by mail, then say so. If you won’t ever call them about the breach, then let them know. This information may help victims avoid phishing scams tied to the breach, while also helping to protect your company’s reputation. Some organizations tell consumers that updates will be posted on their website. This gives consumers a place they can go at any time to see the latest information.



Following a breach of unsecured protected health information, covered entities must provide notification of the breach to affected individuals, the Secretary, and, in certain circumstances, to the media. In addition, business associates must notify covered entities if a breach occurs at or by the business associate. Individual Notice Covered entities must notify affected individuals following the discovery of a breach of unsecured protected health information. Covered entities must provide this individual notice in written form by first-class mail, or alternatively, by e-mail if the affected individual has agreed to receive such notices electronically. If the covered entity has insufficient or out-of-date contact information for 10 or more individuals, the covered entity must provide substitute individual notice by either posting the notice on the home page of its web site for at least 90 days or by providing the notice in major print or broadcast media where the affected individuals ...read more



Following a breach of unsecured protected health information, covered entities must provide notification of the breach to affected individuals, the Secretary, and, in certain circumstances, to the media. In addition, business associates must notify covered entities if a breach occurs at or by the business associate. Individual Notice Covered entities must notify affected individuals following the discovery of a breach of unsecured protected health information. Covered entities must provide this individual notice in written form by first-class mail, or alternatively, by e-mail if the affected individual has agreed to receive such notices electronically. If the covered entity has insufficient or out-of-date contact information for 10 or more individuals, the covered entity must provide substitute individual notice by either posting the notice on the home page of its web site for at least 90 days or by providing the notice in major print or broadcast media where the affected individuals ...read more



In today's digital landscape, data breaches are an unfortunate reality that businesses of all sizes must contend with. A single security lapse can lead to significant financial losses, reputational damage, and legal headaches. While prevention is paramount, having a clear and well-defined data breach reporting procedure is crucial for minimizing the fallout when the inevitable happens. This article will guide you through the essential steps your business needs to take. Why a Solid Breach Reporting Procedure is Non-Negotiable Data breaches are not just a concern for large corporations; they affect small and medium-sized businesses (SMBs) just as much, if not more so. A robust reporting procedure serves multiple critical purposes: Compliance with Regulations: Various data privacy regulations, like GDPR, CCPA, and others, mandate specific reporting timelines and requirements. Failure to comply can result in hefty fines and legal action.Minimizing Damage: Swift and decisive action can significantly limit the scope ...read more



Protected health information (PHI) is rendered unusable, unreadable, or indecipherable to unauthorized individuals if one or more of the following applies: Electronic PHI has been encrypted as specified in the HIPAA Security Rule by “the use of an algorithmic process to transform data into a form in which there is a low probability of assigning meaning without use of a confidential process or key” (45 CFR 164.304 definition of encryption) and such confidential process or key that might enable decryption has not been breached.  To avoid a breach of the confidential process or key, these decryption tools should be stored on a device or at a location separate from the data they are used to encrypt or decrypt.  The encryption processes identified below have been tested by the National Institute of Standards and Technology (NIST) and judged to meet this standard. Valid encryption processes for data at rest are ...read more

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11/16/22 Notification by a Business Associat

11/16/22 Breach Notification Requirements

11/16/22 Unsecured Protected Health Information and Guidance

11/16/22 Guidance to Render Unsecured Protected Health Information Unusable, Unreadable, or Indecipherable to Unauthorized Individuals

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11/16/22 Notify Individuals

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