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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
entity, or by email notice sent to the email address of the individual in the records of the
covered entity. The notice shall include, at a minimum, all of the following: (1) The date,
estimated date, or estimated date range of the breach. (2) A description of the sensitive
personally identifying information that was acquired by an unauthorized person as part of
the breach. (3) A general description of the actions taken by a covered entity to restore
the security and confidentiality of the personal information involved in the breach.
(4) A general description of steps an affected individual can take to protect himself or herself
from identity theft. (5) Information that the individual can use to contact the covered entity
to inquire about the breach. (e)(1) A covered entity required to provide notice to any individual
under this section may provide substitute notice in lieu of direct notice, if direct notice
is not feasible due to any of the following: a. Excessive cost. The term...
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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
AUTHENTICATION. Authentication through verification of at least two of the following types
of authentication factors: a. Knowledge factors, such as a password. b. Possession factors,
such as a token or text message on a mobile phone. c. Inherence factors, such as a biometric
characteristic. (11) NONPUBLIC INFORMATION. Electronic information that is not publicly available
information and is any of the following: a. Any information concerning a consumer which because
of name, number, personal mark, or other identifier can be used to identify the consumer,
in combination with any one or more of the following data elements: 1. The Social Security
number. 2. The driver's license number or nondriver identification card number. 3. Any financial
account number or a credit or debit card number. 4. Any security code, access code, or password
that would permit access to a consumer's financial account. 5. Biometric records. b. Any information
or data, except age or gender, in any form or...
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25-4-10
situations); (v) In a position which, under or pursuant to the laws of this state or of an
Indian tribe, is designated as a major nontenured policymaking or advisory position or a policymaking
or advisory position the performance of the duties of which ordinarily does not require more
than 8 hours per week; or d. In a facility conducted for the purpose of carrying out a program
of rehabilitation for individuals whose earning capacity is impaired by age or physical or
mental deficiency or injury or providing remunerative work for individuals who because
of their impaired physical or mental capacity cannot be readily absorbed in the competitive
labor market by an individual receiving such rehabilitation or remunerative work; provided
however, if an individual's employment is otherwise characterized as employment under subsection
(a) and the individual is performing work under the Javits Wagner O'Day Act or a similar set-aside
program under the laws of the United States, the...
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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
the employee to teach or have responsibility for the safety and well-being of children, or
both, as defined in this chapter. (17) SUITABILITY CRITERIA. a. Suitability Criteria for Nonpublic
Employment. Pertains to an applicant for employment, nonpublic current employee, or a current
employee under review in a nonpublic school. An individual who has not been convicted of a
child abuse crime, as defined herein as a crime committed under the law of the state that
involves the physical or mental injury, sexual abuse or exploitation, or maltreatment
of a child, shall be deemed suitable for employment. b. Suitability Criteria for Public Employment.
Pertains to an applicant for certification, certified applicant for employment, current public
certified employee, current public noncertified employee, and current employee under review
in a public school. An individual who has not been convicted of a child abuse crime, as defined
herein as a crime committed under the law of the state that...
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38-13-2
Place of abode, domicile, or dwelling with intention to remain permanently and continuously
or for an indefinite or uncertain length of time. (30) SEX CRIME. Includes any sex offense
listed in Section 15-20A-5. (31) SUITABILITY CRITERIA. a. Convictions for any of the following
crimes shall make an individual unsuitable for employment, volunteer work, approval, or licensure:
1. A violent offense as defined in Section 12-25-32. 2. A sex crime. 3. A crime that involves
the physical or mental injury or maltreatment of a child, the elderly, or an individual
with disabilities. 4. A crime committed against a child. 5. A crime involving the sale or
distribution of a controlled substance. 6. A crime or offense committed in another state or
under federal law which would constitute any of the above crimes in this state. b. Conviction
for any crime listed in the Adoption and Safe Families Act, 42 U.S.C. ยง 671(a)(20) shall
disqualify a person from being approved or continuing to be approved...
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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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