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Georgia data breach notification law

Georgia's data breach notification requirements under Ga. Code §§10-1-910 to 10-1-915. 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
Ga. Code §§10-1-910 to 10-1-915
Enforcer
Georgia Attorney General — Consumer Protection
AG notification
Not 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
No statutory AG-notice requirement
Notify consumer reporting agencies
Yes — if more than 10,000 residents, notify nationwide CRAs

When is notification required?

Trigger / harm threshold
Notification required only when there is a reasonable likelihood of harm — covered entities are information brokers and data collectors
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 Georgia law

First name/initial + last name with SSN, DL/state ID, account/credit/debit numbers + access code, account passwords, OR any combination making identity theft possible

Penalties and enforcement

Enforcement under Fair Business Practices Act — civil penalties up to $5,000 per violation
Enforced by: Georgia Attorney General — Consumer Protection. Official regulator page →

Common pitfalls

⚠ Georgia only directly covers 'information brokers' and 'data collectors' — non-data-business companies often rely on contract/common law instead
⚠ No specific deadline 'in days' invites the AG to argue any delay was unreasonable

Frequently asked questions

How long do I have to notify Georgia residents after a data breach?
In the most expedient time possible and without unreasonable delay
Do I have to notify the Georgia Attorney General?
No statutory AG-notice requirement
Does Georgia require notification to nationwide consumer reporting agencies?
Yes — if more than 10,000 residents, notify nationwide CRAs
Is encrypted data exempt from Georgia's breach notification requirement?
Yes — Georgia 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 Georgia residents sue me directly for a data breach?
No — Georgia'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 Georgia law?
First name/initial + last name with SSN, DL/state ID, account/credit/debit numbers + access code, account passwords, OR any combination making identity theft possible
What are the penalties for failing to comply with Georgia's breach notification law?
Enforcement under Fair Business Practices Act — civil penalties up to $5,000 per violation

Related state breach laws

District of Columbia (DC)
D.C. Code §§28-3851 to 28-3853
Florida (FL)
Fla. Stat. §501.171
Hawaii (HI)
Haw. Rev. Stat. §§487N-1 to 487N-7
Idaho (ID)
Idaho Code §§28-51-104 to 28-51-107

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