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8-38-2
Section 8-38-2 Definitions. For the purposes of this chapter, the following terms have
the following meanings: (1) BREACH OF SECURITY or BREACH. The unauthorized acquisition of
data in electronic form containing sensitive personally identifying information. Acquisition
occurring over a period of time committed by the same entity constitutes one breach. The term
does not include any of the following: a. Good faith acquisition of sensitive personally identifying
information by an employee or agent of a covered entity, unless the information is used for
a purpose unrelated to the business or subject to further unauthorized use. b. The release
of a public record not otherwise subject to confidentiality or nondisclosure requirements.
c. Any lawful investigative, protective, or intelligence activity of a law enforcement or
intelligence agency of the state, or a political subdivision of the state. (2) COVERED ENTITY.
A person, sole proprietorship, partnership, government entity, corporation,...
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8-38-5
Section 8-38-5 Notice of security breach - Individuals affected. (a) A covered entity
that is not a third-party agent that determines under Section 8-38-4 that, as a result
of a breach of security, sensitive personally identifying information has been acquired or
is reasonably believed to have been acquired by an unauthorized person, and is reasonably
likely to cause substantial harm to the individuals to whom the information relates, shall
give notice of the breach to each individual. (b) Notice to individuals under subsection (a)
shall be made as expeditiously as possible and without unreasonable delay, taking into account
the time necessary to allow the covered entity to conduct an investigation in accordance with
Section 8-38-4. Except as provided in subsection (c), the covered entity shall provide
notice within 45 days of the covered entity's receipt of notice from a third-party agent that
a breach has occurred or upon the covered entity's determination that a breach has occurred...
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8-38-3
Section 8-38-3 Reasonable security measures; assessment. (a) Each covered entity and
third-party agent shall implement and maintain reasonable security measures to protect sensitive
personally identifying information against a breach of security. (b) Reasonable security measures
means security measures practicable for the covered entity subject to subsection (c), to implement
and maintain, including consideration of all of the following: (1) Designation of an employee
or employees to coordinate the covered entity's security measures to protect against a breach
of security. An owner or manager may designate himself or herself. (2) Identification of internal
and external risks of a breach of security. (3) Adoption of appropriate information safeguards
to address identified risks of a breach of security and assess the effectiveness of such safeguards.
(4) Retention of service providers, if any, that are contractually required to maintain appropriate
safeguards for sensitive personally...
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8-38-9
Section 8-38-9 Violations of notification requirements. (a) A violation of the notification
provisions of this chapter is an unlawful trade practice under the Alabama Deceptive Trade
Practices Act, Chapter 19 of this title, but does not constitute a criminal offense under
Section 8-19-12. The Attorney General shall have the exclusive authority to bring an
action for civil penalties under this chapter. (1) A violation of this chapter does not establish
a private cause of action under Section 8-19-10. Nothing in this chapter may otherwise
be construed to affect any right a person may have at common law, by statute, or otherwise.
(2) Any covered entity or third-party agent who is knowingly engaging in or has knowingly
engaged in a violation of the notification provisions of this chapter is subject to the penalty
provisions set out in Section 8-19-11. For the purposes of this chapter, knowingly
shall mean willfully or with reckless disregard in failing to comply with the notice...
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27-62-3
Section 27-62-3 Definitions. For purposes of this chapter, the following words have
the following meanings: (1) AUTHORIZED INDIVIDUAL. An individual known to and screened by
the licensee and determined to be necessary and appropriate to have access to the nonpublic
information held by the licensee and its information systems. (2) COMMISSIONER. The Commissioner
of Insurance. (3) CONSUMER. An individual, including, but not limited to, an applicant, policyholder,
insured, beneficiary, claimant, or certificate holder, who is a resident of this state and
whose nonpublic information is in the possession, custody, or control of a licensee. (4)a.
CYBERSECURITY EVENT. An event resulting in unauthorized access to, disruption, or misuse of
an information system or nonpublic information stored on an information system. b. The term
cybersecurity event does not include the unauthorized acquisition of encrypted nonpublic information
if the encryption, process, or key is not also acquired, released,...
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25-4-10
Section 25-4-10 Employment. (a) Subject to other provisions of this chapter, "employment"
means: (1) Any service performed prior to January 1, 1978, which was employment as defined
in this section prior to such date and, subject to the other provisions of this section,
services performed for remuneration after December 31, 1977, including service in interstate
commerce, by: a. Any officer of a corporation; or b. Any individual who, under the usual common
law rules applicable in determining the employer-employee relationship, has the status of
an employee; or c. Any individual other than an individual who is an employee under paragraphs
a. or b. of this subdivision (1) who performs services for remuneration for any person: 1.
As an agent-driver or commission-driver engaged in distributing meat products, bakery products,
beverages (other than milk) or laundry or dry cleaning services for a principal; 2. As a traveling
or city salesman engaged upon a full-time basis in the solicitation on...
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8-38-4
Section 8-38-4 Investigation of security breach. (a) If a covered entity determines
that a breach of security has or may have occurred in relation to sensitive personally identifying
information that is accessed, acquired, maintained, stored, utilized, or communicated by,
or on behalf of, the covered entity, the covered entity shall conduct a good faith and prompt
investigation that includes all of the following: (1) An assessment of the nature and scope
of the breach. (2) Identification of any sensitive personally identifying information that
may have been involved in the breach and the identity of any individuals to whom that information
relates. (3) A determination of whether the sensitive personally identifying information has
been acquired or is reasonably believed to have been acquired by an unauthorized person, and
is reasonably likely to cause substantial harm to the individuals to whom the information
relates. (4) Identification and implementation of measures to restore the...
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16-22A-3
Section 16-22A-3 Definitions. When used in this chapter only, the following terms shall
have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) APPLICANT. A certified or noncertified individual who submits an application for employment
to a local employing board or any nonpublic school, to act in any capacity in which the individual
will have unsupervised access to children in an educational environment. (2) APPLICANT FOR
CERTIFICATION. An individual who submits an application for certification issued by the State
Superintendent of Education. (3) AUTHORIZED EMPLOYER. Any educational entity authorized to
obtain criminal history background information, including the State Department of Education,
local employing boards, and nonpublic schools which are responsible for hiring employees or
contracting with private employers to provide personnel who have unsupervised access to children
in an educational setting. (4) CERTIFIED APPLICANT FOR EMPLOYMENT. A...
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38-13-2
Section 38-13-2 Definitions. When used in this chapter, the following words shall have
the following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE
FACILITY. A person or entity holding a Department of Human Resources license or approval or
certification to provide care, including foster care, for adults. (3) APPLICANT. A person
or entity who submits an application for license as a child care or adult care facility to
the Department of Human Resources or a child placing agency, or an application for employment
or for a volunteer position to a Department of Human Resources licensed child care or adult
care facility. With regard to child care and adult care facilities in a home setting, the
term includes an adult household member whose residence is in the home. The term also includes
an individual who submits an application for a volunteer position or for employment with the
Department of Human Resources in a position in which the person has unsupervised...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force.
(a) Any person who manufactures, sells, transfers, receives, or possesses a listed precursor
chemical violates this article if the person: (1) Knowingly fails to comply with the reporting
requirements of this article; (2) Knowingly makes a false statement in a report or record
required by this article or the rules adopted thereunder; (3) Is required by this article
to have a listed precursor chemical license or permit, and is a person as defined by this
article, and knowingly or deliberately fails to obtain such a license or permit. An offense
under this subsection shall constitute a Class C felony. (b) Notwithstanding the provisions
of Section 20-2-188, a person who possesses, sells, transfers, or otherwise furnishes
or attempts to solicit another or conspires to possess, sell, transfer, or otherwise furnish
a listed precursor chemical or a product containing a precursor chemical or ephedrine or...
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