§ 11-49.2-5 - Definitions.
SECTION 11-49.2-5
§ 11-49.2-5 Definitions. – The following definitions apply to this section:
(a) "Person" shall include any individual, partnershipassociation, corporation or joint venture.
(b) For purposes for this section, "breach of the security ofthe system" means unauthorized acquisition of unencrypted computerized datathat compromises the security, confidentiality, or integrity of personalinformation maintained by the state agency or person. Good faith acquisition ofpersonal information by an employee or agent of the agency for the purposes ofthe agency is not a breach of the security of the system; provided, that thepersonal information is not used or subject to further unauthorized disclosure.
(c) For purposes of this section, "personal information"means an individual's first name or first initial and last name in combinationwith any one or more of the following data elements, when either the name orthe data elements are not encrypted:
(1) Social security number;
(2) Driver's license number or Rhode Island IdentificationCard number;
(3) Account number, credit or debit card number, incombination with any required security code, access code, or password thatwould permit access to an individual's financial account.
(d) For purposes of this section, "notice" may be provided byone of the following methods:
(1) Written notice;
(2) Electronic notice, if the notice provided is consistentwith the provisions regarding electronic records and signatures set for the inSection 7001 of Title 15 of the United States Code;
(3) Substitute notice, if the state agency or persondemonstrates that the cost of providing notice would exceed twenty-fivethousand dollars ($25,000), or that the affected class of subject persons to benotified exceeds fifty thousand (50,000), or the state agency or person doesnot have sufficient contact information. Substitute notice shall consist of allof the following:
(A) E-mail notice when the state agency or person has ane-mail address for the subject persons;
(B) Conspicuous posting of the notice on the state agency'sor person's website page, if the state agency or person maintains one;
(C) Notification to major statewide media.