Here Are The US States Most And Least In Danger Of Data Privacy Breaches In 2025: Report

The safest state may come as a surprise.

Fifty percent of U.S. states lack comprehensive data privacy laws, according to a report from project agency firm DesignRush.

Some states are more in jeopardy of data privacy breaches than others, the report suggests.

According to the “2025 Data Privacy Rankings — Which U.S. States Are Safest and Most Vulnerable?” report, Kentucky ranked as the safest state for data privacy.

The report’s scoring was based on several criteria including the state’s strength of data protection laws, its data breach rate, and its rate of cybercrime.

Scoring was based on several metrics. One was based on cybercrime rate per capita (100,000) from the FBI’s 2023 internet crime report. Another factored in data breaches per capita, using statistics from IT Governance USA and the Maine attorney general’s breach notifications, and also was based on an evaluation of every state’s data privacy protection laws.

In addition to Kentucky, the next and third state safest from data privacy breaches were Rhode Island and then Tennessee.

“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,” the report stated.

“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,” the report continued.

The state that scored most vulnerable to data privacy breaches is South Dakota.

“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 ... also highlights its struggles in protecting its residents' data,” the report stated.

Alaska and Massachusetts were, respectively, the second and third worst states for data privacy security, according to the report.

Access DesignRush’s full report here.