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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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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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8-38-2
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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8-38-3
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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8-38-10
Section 8-38-10 Disposal of records containing sensitive personally identifying information.
A covered entity or third-party agent shall take reasonable measures to dispose, or arrange
for the disposal, of records containing sensitive personally identifying information within
its custody or control when the records are no longer to be retained pursuant to applicable
law, regulations, or business needs. Disposal shall include shredding, erasing, or otherwise
modifying the personal information in the records to make it unreadable or undecipherable
through any reasonable means consistent with industry standards. (Act 2018-396, §10.)...
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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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27-60-2
Section 27-60-2 Interstate Insurance Product Regulation Compact. The State of Alabama hereby
agrees to the following interstate compact known as the Interstate Insurance Product Regulation
Compact: ARTICLE I. PURPOSES. The purposes of this compact are, through means of joint and
cooperative action among the compacting states: 1. To promote and protect the interest of
consumers of individual and group annuity, life insurance, disability income, and long-term
care insurance products; 2. To develop uniform standards for insurance products covered under
the compact; 3. To establish a central clearinghouse to receive and provide prompt review
of insurance products covered under the compact and, in certain cases, advertisements related
thereto, submitted by insurers authorized to do business in one or more compacting states;
4. To give appropriate regulatory approval to those product filings and advertisements satisfying
the applicable uniform standard; 5. To improve coordination of...
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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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8-38-8
Section 8-38-8 Notice of security breach - Covered entity. In the event a third-party agent
has experienced a breach of security in the system maintained by the agent, the agent shall
notify the covered entity of the breach of security as expeditiously as possible and without
unreasonable delay, but no later than 10 days following the determination of the breach of
security or reason to believe the breach occurred. After receiving notice from a third-party
agent, a covered entity shall provide notices required under Sections 8-38-5 and 8-38-6. A
third-party agent, in cooperation with a covered entity, shall provide information in the
possession of the third-party agent so that the covered entity can comply with its notice
requirements. A covered entity may enter into a contractual agreement with a third-party agent
whereby the third-party agent agrees to handle notifications required under this chapter.
(Act 2018-396, §8.)...
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