Form: Cost-of-Breach DisclosureSource: IBM 2025Filed: 28 Apr 2026
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State File MI / Breach Notification StatuteMCL 445.72

State notification register

Michigan data breach notification law: without unreasonable delay.

Michigan's breach-notification obligations are set by MCL 445.72 (Identity Theft Protection Act). This page summarises the deadline to notify affected residents, the attorney general notification threshold, whether a private right of action exists, and the penalties for late or missing notification. Every provision is cited to its source statute and was verified in June 2026.

Individual deadline

No fixed day

Without unreasonable delay

AG notification

360

Not currently required (pending SB 360 would require it at 100+ residents)

Private action

No

No PROA under the statute

Statute

MI

MCL 445.72

Section MI.1

What the statute requires

Under MCL 445.72, the Identity Theft Protection Act, a business that owns or licenses computerized personal information of Michigan residents must notify affected individuals without unreasonable delay.

Attorney general notification: not currently required (pending sb 360 would require it at 100+ residents).

Section MI.2

What triggers notification

Like most US state statutes, notification is triggered by the unauthorized acquisition of unencrypted, unredacted computerized personal information that compromises its security, confidentiality, or integrity. Two concepts recur across the states and apply here.

Encryption safe harbor

Personal information that was encrypted, and where the encryption key was not also acquired, generally does not trigger notification. A stolen device with full-disk encryption is typically a non-event; an unencrypted record, or an encrypted record where the key was exposed alongside it, is a reportable breach.

Who must be notified

  • [1] Affected Michigan residents: without unreasonable delay
  • [2] Attorney general / state agency: not currently required (pending sb 360 would require it at 100+ residents)
  • [3] Consumer reporting agencies where the breach is large-scale

Section MI.3

Penalties and enforcement

Up to $250 per failed notification, capped at $750,000 per breach event.

Private right of action: No. No PROA under the statute; other theories such as negligence may apply.

Primary source:Michigan statute MCL 445.72 (Identity Theft Protection Act); verified June 2026 against state statutory summaries and the underlying statute text.

Section MI.4

How this compares to the strictest states

The strictest US deadlines are 30 days (California, Florida, Washington, Colorado, Maine, New York, New Jersey). The majority of states use a qualitative "without unreasonable delay" standard with no fixed day cap. Here is where Michigan sits.

Michigan does not set a numeric deadline. It uses a "without unreasonable delay" standard, which regulators interpret as days to weeks, not months. Organizations operating across multiple states should default to the strictest applicable clock, which can be as short as 30 days in states such as California, Colorado, Florida.

Cross-references

Schedule F / Reference Q&A

Frequently Asked Questions

Primary source:Michigan data breach notification statute (MCL 445.72). Provisions verified June 2026 against state statutory summaries (Recording Law US data-privacy series, 2026 edition), the IAPP US State Data Breach Notification Chart, Foley & Lardner's chart, and the underlying statute text.