North Dakota Information Technology Department establishes accessibility standards for state agencies aligned with federal requirements.
North Dakota Accessibility & Privacy Laws
North Dakota does not currently have a comprehensive consumer privacy law. However, the state has data breach notification requirements and identity theft protections that businesses must follow. North Dakota Information Technology Department (ITD) provides accessibility guidance for state government digital services.
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Accessibility Standards
ITD Guidelines
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Privacy Status
No Comprehensive Law
North Dakota has data breach notification requirements but no comprehensive consumer privacy legislation at this time.
Privacy Law Status
North Dakota has not enacted comprehensive consumer privacy legislation. The state focuses on data breach notification and specific sector protections:
Current Privacy Protections
- Data Breach Notification: Notice of Security Breach requirements (N.D. Cent. Code ยง 51-30)
- Personal Information Security: Businesses must implement reasonable security measures
- Identity Theft: Criminal penalties for identity theft and fraudulent use of personal information
- Consumer Protection: General consumer protection laws apply to deceptive privacy practices
Data Breach Notification Requirements
| Requirement | Details |
|---|---|
| Notification Trigger | Unauthorized acquisition of unencrypted personal information |
| Covered Information | Name plus SSN, driver's license, financial account, employer ID, or electronic signature |
| Notification Timeline | Expedient and without unreasonable delay |
| AG Notification | Required if breach affects more than 250 North Dakota residents |
| Method | Written notice, telephone, or electronic notice with consent |
North Dakota State Government Accessibility
North Dakota's Information Technology Department (ITD) provides accessibility guidance for state agencies. State government websites must comply with ADA Title II requirements and follow ITD accessibility policies.
Covered Entities
- North Dakota state government agencies
- State boards and commissions
- North Dakota University System
- State contractors and IT vendors
- Local government entities
- State-funded programs
Accessibility Standards
- WCAG 2.0 Level AA compliance as baseline
- Section 508 alignment for federally-funded programs
- ITD accessibility guidelines for state websites
- Alternative formats available upon request
- Accessibility considerations in IT procurement
Personal Information Security
North Dakota law requires businesses to implement reasonable security measures to protect personal information:
- Implement and maintain reasonable security procedures
- Protect against unauthorized access to personal information
- Properly dispose of records containing personal information
- Train employees on security practices
- Conduct appropriate due diligence with service providers
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Business Obligations
- Implement reasonable security measures
- Notify consumers of data breaches
- Report breaches to Attorney General (250+ residents)
- Properly dispose of personal information
- Avoid deceptive privacy practices
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Key Agencies
- North Dakota Attorney General
- Information Technology Department (ITD)
- Department of Financial Institutions
- Insurance Department
- Human Rights Division
Consumer Rights
North Dakota consumers have the following rights under existing law:
- Breach Notification: Right to be notified of data breaches affecting personal information
- Security Freeze: Right to place a security freeze on credit reports
- Identity Theft Resources: Access to identity theft assistance through the AG's office
- Consumer Protection: Protection against unfair and deceptive practices
- Open Records: Access to government records under the Open Records Act
Related Resources
- US Privacy Laws Overview
- State Privacy Law Comparison
- Business Privacy Obligations
- ADA Title II Requirements
- All State Laws
- Contact Us
Need Compliance Guidance?
While North Dakota doesn't have comprehensive privacy legislation, businesses must still comply with data breach notification and security requirements. Contact our experts for guidance on current obligations and accessibility compliance.