Sec. 36a-701b. Breach of security re computerized data containing personal information. Disclosure of breach. Delay for criminal investigation. Means of notice. Unfair trade practice.
Sec. 36a-701b. Breach of security re computerized data containing personal
information. Disclosure of breach. Delay for criminal investigation. Means of notice. Unfair trade practice. (a) For purposes of this section, "breach of security" means
unauthorized access to or acquisition of electronic files, media, databases or computerized data containing personal information when access to the personal information has
not been secured by encryption or by any other method or technology that renders the
personal information unreadable or unusable; "personal information" means an individual's first name or first initial and last name in combination with any one, or more, of
the following data: (1) Social Security number; (2) driver's license number or state
identification card number; or (3) account number, credit or debit card number, in combination with any required security code, access code or password that would permit access
to an individual's financial account. "Personal information" does not include publicly
available information that is lawfully made available to the general public from federal,
state or local government records or widely distributed media.
(b) Any person who conducts business in this state, and who, in the ordinary course
of such person's business, owns, licenses or maintains computerized data that includes
personal information, shall disclose any breach of security following the discovery of
the breach to any resident of this state whose personal information was, or is reasonably
believed to have been, accessed by an unauthorized person through such breach of
security. Such disclosure shall be made without unreasonable delay, subject to the provisions of subsection (d) of this section and the completion of an investigation by such
person to determine the nature and scope of the incident, to identify the individuals
affected, or to restore the reasonable integrity of the data system. Such notification
shall not be required if, after an appropriate investigation and consultation with relevant
federal, state and local agencies responsible for law enforcement, the person reasonably
determines that the breach will not likely result in harm to the individuals whose personal
information has been acquired and accessed.
(c) Any person that maintains computerized data that includes personal information
that the person does not own shall notify the owner or licensee of the information of
any breach of the security of the data immediately following its discovery, if the personal
information was, or is reasonably believed to have been accessed by an unauthorized
person.
(d) Any notification required by this section shall be delayed for a reasonable period
of time if a law enforcement agency determines that the notification will impede a
criminal investigation and such law enforcement agency has made a request that the
notification be delayed. Any such delayed notification shall be made after such law
enforcement agency determines that notification will not compromise the criminal investigation and so notifies the person of such determination.
(e) Any notice required by the provisions of this section may be provided by one
of the following methods: (1) Written notice; (2) telephone notice; (3) electronic notice,
provided such notice is consistent with the provisions regarding electronic records and
signatures set forth in 15 USC 7001; (4) substitute notice, provided such person demonstrates that the cost of providing notice in accordance with subdivision (1), (2) or (3) of
this subsection would exceed two hundred fifty thousand dollars, that the affected class
of subject persons to be notified exceeds five hundred thousand persons or the person
does not have sufficient contact information. Substitute notice shall consist of the following: (A) Electronic mail notice when the person, business or agency has an electronic
mail address for the affected persons; (B) conspicuous posting of the notice on the web
site of the person, business or agency if the person maintains one; and (C) notification
to major state-wide media, including newspapers, radio and television.
(f) Any person that maintains such person's own security breach procedures as part
of an information security policy for the treatment of personal information and otherwise
complies with the timing requirements of this section, shall be deemed to be in compliance with the security breach notification requirements of this section, provided such
person notifies subject persons in accordance with such person's policies in the event
of a breach of security. Any person that maintains such a security breach procedure
pursuant to the rules, regulations, procedures or guidelines established by the primary
or functional regulator, as defined in 15 USC 6809(2), shall be deemed to be in compliance with the security breach notification requirements of this section, provided such
person notifies subject persons in accordance with the policies or the rules, regulations,
procedures or guidelines established by the primary or functional regulator in the event
of a breach of security of the system.
(g) Failure to comply with the requirements of this section shall constitute an unfair
trade practice for purposes of section 42-110b and shall be enforced by the Attorney
General.
(P.A. 05-148, S. 3; 05-288, S. 231, 232.)
History: P.A. 05-148 effective January 1, 2006; P.A. 05-288 made technical changes in Subsecs. (b) and (f), effective
January 1, 2006.