2024 Data Privacy Rankings — Which U.S. States Are Safest and Most Vulnerable?

As the digital age expands, safeguarding personal information has become a growing concern for Americans.

With over 331 million internet users in the U.S. and a global online population of 5.5 billion, personal data is more exposed than ever.

To mark Data Privacy Day, a new study by DesignRush reveals which U.S. states are leading in protecting their residents' data — and which are falling behind.

The study evaluated all 50 states based on three key factors:

• Cybercrime rate
• Data breach rate
• The strength of data protection laws

Each state was then assigned a Safety Score, reflecting its overall performance in protecting personal data.

Key Findings

• Kentucky ranks as the safest state for data privacy, earning the highest safety score of 99.32 due to its low cybercrime rate, minimal data breaches, and strong legal protections.
• South Dakota is the least safe, with a score of 65.14, driven by high cybercrime and data breach rates and weak legal frameworks.
• California reported the highest cybercrime rate per capita, contributing significantly to the national rate of 146.9 incidents per capita 100.000.
• Nevada leads in data breach incidents, with the highest breach rate per capita in the country (309.7 incidents per capita 100.000).
• Almost 50% of U.S. states received a Data Protection Laws Score of 1, indicating a lack of comprehensive privacy legislation.

The Safest States for Data Privacy in 2024

The top-performing states are setting the standard for data protection. Kentucky leads the list, followed by Rhode Island and Tennessee. Each state earned high scores for strong privacy laws and low instances of cybercrime and data breaches:

1. Kentucky:

• Safety Score: 99.32

Kentucky ranks as the safest state for data privacy in 2024 due to its exceptionally low cybercrime rate of 102.5 incidents per capita 100.000 and minimal breaches at 0.09per capita 100.000. Its strong legal protections, with a score of 6, reflect its commitment to safeguarding residents' data.

2. Rhode Island:

• Safety Score: 97.14

Rhode Island secures second place with a balance of moderate cybercrime (130 incidents per million) and an extremely low breach rate of 0.09 per capita 100.000. Its strong legal framework also reinforces its high safety score.

3. Tennessee:

• Safety Score: 96.43

Tennessee ranks third, with moderate cybercrime (119 incidents per capita 100.000) and relatively low breaches at 0.20 per capita 100.000. Its comprehensive data privacy laws contribute to its impressive safety score.

Businesses operating in these states benefit from enhanced customer trust, as residents are more likely to feel confident sharing personal information in regions with strong safeguards against breaches and cybercrime.

Additionally, these states often provide a more predictable regulatory environment, reducing compliance burdens and enabling companies to focus resources on growth and innovation rather than legal risks.

The Least Safe States for Data Privacy in 2024

At the other end of the spectrum, South Dakota, Alaska, and Massachusetts rank as the least secure states for data privacy. These states face a combination of high cybercrime rates, frequent data breaches, and weak legal protections:

1. South Dakota:

• Safety Score: 65.14

South Dakota is the least safe state for data privacy, with a high cybercrime rate of 183.6 incidents per capita 100.000 and the second-highest data breach rate of 0.98 per capita 100.000. Its lack of comprehensive privacy laws (scored 1) also highlights its struggles in protecting its residents' data.

2. Alaska:

• Safety Score: 66.50

Alaska’s extremely high cybercrime rate of 318.8 incidents per capita 100.000, paired with minimal legal protections (law score of 1), places it among the most vulnerable states. Despite a low data breach rate of only 0.14 per capita 100.000, the lack of safeguards leaves residents exposed.

3. Massachusetts:

• Safety Score: 68.16

Massachusetts experiences a moderate cybercrime rate of 141.6 per capita 100.000 but is burdened by the highest data breach rate of 1.21 per capita 100.000. Limited legal protections (law score of 2) also contribute to its poor performance when it comes to data privacy.

Businesses operating in states with weaker data protection laws or higher cybercrime rates face greater risks, including potential financial losses, reputational damage, and compliance challenges.

To mitigate these risks, companies should invest in robust cybersecurity measures, prioritize compliance with stricter data protection standards, and educate employees on best practices to safeguard customer data, regardless of state or regional regulations.

DesignRush Methodology

The study evaluated the data safety of all 50 U.S. states using three primary metrics to calculate a comprehensive Data Safety Score. Each metric was weighted and normalized to ensure fair comparisons across states.

Cybercrime Rate Per Capita (35% Weight)

• Measures reported online crimes per capita 100.000, with lower rates indicating stronger defenses
• Calculated by dividing total cybercrime incidents by population
• Source: FBI Internet Crime Report 2023

Data Breaches Per Capita (35% Weight)

• Tracks public and government data leaks per capita 100.000, with fewer breaches scoring higher
• Calculated by dividing total breaches by population
• Sources: IT Governance USA and Maine Attorney General’s Breach Notifications

Data Protection Laws Score (30% Weight)

• Evaluates states’ privacy legislation on a scale of 1 to 6 based on the comprehensiveness of their data privacy laws:
  • 1: No Comprehensive Law
  • 2: Introduced
  • 3: In Committee
  • 4: In Cross Committee
  • 5: Narrow Law Enacted
  • 6: Comprehensive Law Signed 
• Source: International Association of Privacy Professionals (IAPP)

Population estimates from the U.S. Census Bureau (2023) were then used to calculate per capita rates for cybercrime incidents and data breaches, allowing for accurate comparisons across states of varying sizes.

By analyzing these factors, the study highlights significant disparities in data safety across the U.S., highlighting the need for stronger data protection measures in several states.

As cyber threats and data breaches become more prevalent, costing businesses millions of dollars, understanding how each state fares in protecting personal information is crucial.

Overall, this report not only serves as a call to action for policymakers and residents to prioritize data security but also reinforces the urgent need for businesses to strengthen measures that protect sensitive information.

Meanwhile, DesignRush also recently celebrated World Typing Day by revealing the top 10 jobs AI dictation tools can't replace.