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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
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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8-38-2
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
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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27-60-2
committees as its bylaws may provide for the carrying out of its functions. 4. Corporate records
of the commission. The commission shall maintain its corporate books and records in accordance
with the bylaws. 5. Qualified immunity, defense, and indemnification. a. The members, officers,
executive director, employees, and representatives of the commission shall be immune from
suit and liability, either personally or in their official capacity, for any claim for damage
to or loss of property or personal injury or other civil liability caused by
or arising out of any actual or alleged act, error, or omission that occurred, or that the
person against whom the claim is made had a reasonable basis for believing occurred within
the scope of commission employment, duties, or responsibilities. Nothing in this paragraph
shall be construed to protect any such person from suit or liability, or both, for any damage,
loss, injury, or liability caused by the intentional or willful and wanton...
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27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
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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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