SECURITY BREACH NOTIFICATION CHART Rhode Island Perkins Coie
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ppLawyer PublicationsppRI Gen Laws 11 4934 et seqppHB 5684 signed into law June 27 2023ppEffective June 27 2023ppApplication A municipal agency state agency individual business or legal entity collectively Entity that stores owns collects processes maintains acquires uses or licenses data that includes PIppSecurity Breach Definition Unauthorized access or acquisition of unencrypted computerized data that compromises the security confidentiality or integrity of PI maintained by the EntityppNotification Obligation Any Entity to which the statute applies shall provide notification of i any disclosure of PI or ii any breach of the security of the system that poses a significant risk of identity theft to any resident of RI whose unencrypted PI was or is reasonably believed to have been acquired by an unauthorized person or entityppAttorney General Notification If more than 500 RI residents are to be notified the Entity shall notify the Attorney General as to the timing content and distribution of the notices and the approximate number of affected individualsppCredit Reporting Agency Notification In the event that more than 500 RI residents are to be notified the Entity shall notify the major credit reporting agencies as to the timing content and distribution of the notices and the approximate number of affected individualsppTiming of Notification The notification shall be made in the most expedient time possible but no later than 45 calendar days after confirmation of the breach and the ability to ascertain the information required to fulfill the notice requirements and shall be consistent with the legitimate needs of law enforcementppFor state and municipal Entities notice must be given no later than 30 calendar daysppPersonal Information Definition An individuals first name or first initial and last name in combination with any one or more of the following data elements when either the name or the data elements are not encrypted or are in hard copy paper formatppEncrypted means the transformation of data through the use of a 128bit or higher algorithmic process into a form in which there is a low probability of assigning meaning without use of a confidential process or key Data shall not be considered encrypted if it is acquired in combination with any key security code or password that would permit access to the encrypted datappPI does not include publicly available information that is lawfully made available to the general public from federal state or local government recordsppNotice Required Notice may be provided by any of the following methodsppThe notification to individuals must include the following information to the extent knownppSubstitute Notice Available If the Entity demonstrates that the cost of providing notice would exceed 25000 or that the affected class of subject persons to be notified exceeds 50000 or the Entity does not have sufficient contact information Substitute notice shall consist of all of the followingppCredit Monitoring Services State and municipal Entities must provide remediation services for five years for adults 18 years and older and up to the age of 18 and not less than two years for those under 18ppException Own Notification Policy Any Entity that maintains its own security breach procedures as part of an information security policy for the treatment of PI and otherwise complies with the timing requirements of the statute shall be deemed to be in compliance with the security breach notification provided such Entity notifies subject persons in accordance with such Entitys policies in the event of a breach of securityppException Compliance with Other LawsppPenalties Each reckless violation is a civil violation for which a penalty of not more than 100 per record may be adjudged against a defendant Each knowing and willful violation of this chapter is a civil violation for which a penalty of not more than 200 per record may be adjudged against a defendant Whenever the Attorney General has reason to believe that a violation has occurred and that proceedings would be in the public interest the Attorney General may bring an action in the name of the state against the business or person in violationppOther Key ProvisionsppWe use cookies on this website to enhance your user experience and to improve the quality of our site By continuing to use this website you are demonstrating your consent to the placement and use of cookies as described in our Cookie Policypp
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Professionals
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ppLawyer PublicationsppRI Gen Laws 11 4934 et seqppHB 5684 signed into law June 27 2023ppEffective June 27 2023ppApplication A municipal agency state agency individual business or legal entity collectively Entity that stores owns collects processes maintains acquires uses or licenses data that includes PIppSecurity Breach Definition Unauthorized access or acquisition of unencrypted computerized data that compromises the security confidentiality or integrity of PI maintained by the EntityppNotification Obligation Any Entity to which the statute applies shall provide notification of i any disclosure of PI or ii any breach of the security of the system that poses a significant risk of identity theft to any resident of RI whose unencrypted PI was or is reasonably believed to have been acquired by an unauthorized person or entityppAttorney General Notification If more than 500 RI residents are to be notified the Entity shall notify the Attorney General as to the timing content and distribution of the notices and the approximate number of affected individualsppCredit Reporting Agency Notification In the event that more than 500 RI residents are to be notified the Entity shall notify the major credit reporting agencies as to the timing content and distribution of the notices and the approximate number of affected individualsppTiming of Notification The notification shall be made in the most expedient time possible but no later than 45 calendar days after confirmation of the breach and the ability to ascertain the information required to fulfill the notice requirements and shall be consistent with the legitimate needs of law enforcementppFor state and municipal Entities notice must be given no later than 30 calendar daysppPersonal Information Definition An individuals first name or first initial and last name in combination with any one or more of the following data elements when either the name or the data elements are not encrypted or are in hard copy paper formatppEncrypted means the transformation of data through the use of a 128bit or higher algorithmic process into a form in which there is a low probability of assigning meaning without use of a confidential process or key Data shall not be considered encrypted if it is acquired in combination with any key security code or password that would permit access to the encrypted datappPI does not include publicly available information that is lawfully made available to the general public from federal state or local government recordsppNotice Required Notice may be provided by any of the following methodsppThe notification to individuals must include the following information to the extent knownppSubstitute Notice Available If the Entity demonstrates that the cost of providing notice would exceed 25000 or that the affected class of subject persons to be notified exceeds 50000 or the Entity does not have sufficient contact information Substitute notice shall consist of all of the followingppCredit Monitoring Services State and municipal Entities must provide remediation services for five years for adults 18 years and older and up to the age of 18 and not less than two years for those under 18ppException Own Notification Policy Any Entity that maintains its own security breach procedures as part of an information security policy for the treatment of PI and otherwise complies with the timing requirements of the statute shall be deemed to be in compliance with the security breach notification provided such Entity notifies subject persons in accordance with such Entitys policies in the event of a breach of securityppException Compliance with Other LawsppPenalties Each reckless violation is a civil violation for which a penalty of not more than 100 per record may be adjudged against a defendant Each knowing and willful violation of this chapter is a civil violation for which a penalty of not more than 200 per record may be adjudged against a defendant Whenever the Attorney General has reason to believe that a violation has occurred and that proceedings would be in the public interest the Attorney General may bring an action in the name of the state against the business or person in violationppOther Key ProvisionsppWe use cookies on this website to enhance your user experience and to improve the quality of our site By continuing to use this website you are demonstrating your consent to the placement and use of cookies as described in our Cookie Policypp
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