Duty LXD-1430
Processes biometric data, in Michigan
Each law's tag says when it binds: since in force proposed proposed
Identity Theft Protection Act, destruction of data no longer neededsince 1 line
MCL 445.72a (Sec. 12a of Act 452 of 2004, added by 2006 PA 566) · Read the law's page
- Destroy, or arrange for the destruction of, any data containing personal information about an individual once that data is removed from the database and is not being retained elsewhere for a purpose state or federal law does not prohibit; retaining the data for an investigation, audit, or internal review does not violate this duty. Destroy the data by shredding, erasing, or otherwise modifying it so it cannot be read, deciphered, or reconstructed through generally available means.
- This binds a person (a private business or other legal entity) or an agency (a Michigan state government department, board, commission, office, authority, or unit, including a public university, but not a court) that maintains a database including personal information about multiple Michigan residents.
- You are considered compliant here if you are already subject to, and in compliance with, a federal law governing the disposal of records containing personal identifying information.
- A knowing violation is a misdemeanor punishable by a fine of up to $250 for each violation; this section creates no private right of action, though it preserves whatever other civil remedy state or federal law might otherwise provide.
Insurance Data Security Act, no private cause of actionsince 1 line
MCL 500.550 · Read the law's page
- Expect the Insurance Data Security Act to be enforced by the Director of the Department of Insurance and Financial Services; the chapter expressly forecloses a private cause of action for its own violation.
Insurance Data Security Act, nonpublic information including biometric recordssince 1 line
MCL 500.553 · Read the law's page
- If you are a Michigan insurance licensee, treat a biometric record as nonpublic information requiring the chapter's data-security safeguards, alongside a Social Security number, driver's license number, or financial account number.
Senate Bill 360 (2025-2026), Identity Theft Protection Act reasonable security procedures dutyproposed2 lines
2025 S.B. 360, proposed MCL 445.71a and 445.85c (secs. 11a and 20c), as passed by the Senate · Read the law's page
- As passed by the Senate, a person (any private entity) or agency (a Michigan state government unit) that owns, possesses, collects, or accesses personal information must implement and maintain reasonable security procedures: designate a security coordinator, identify internal and external risks, include appropriate safeguards addressing those risks, assess the safeguards' effectiveness, contractually require every service provider to maintain safeguards conforming to the NIST Cybersecurity Framework 2.0 or another industry-standard framework, and evaluate and adjust the procedures for changed circumstances.
- Reasonableness is judged by your size, the amount of personal information you own, possess, collect, or access, the type of activities for which you handle it, and the cost of the procedures relative to your resources. Conforming to the current NIST Cybersecurity Framework 2.0, or already being regulated by Michigan or the federal government and reasonably conforming to HIPAA, Gramm-Leach-Bliley Title V, the Federal Information Security Modernization Act of 2014, or HITECH, is deemed compliance.
Identity Theft Protection Act, personal information and personal identifying information definedin force1 line
MCL 445.63(q), (r) · Read the law's page
- Do not assume Michigan's broader "personal identifying information" term (MCL 445.63(q)), which includes biometrics, is the breach-notice trigger. The trigger is the narrower "personal information" term (MCL 445.63(r)), which excludes biometrics.