§ 715C.2 — Security breach — notification requirements — remedies

Iowa § 715C.2

• Jurisdiction: Iowa
• Title XVI: CRIMINAL LAW AND PROCEDURE
• Ch. 715C: PERSONAL INFORMATION SECURITY BREACH PROTECTION

Text

1. Any person who owns or licenses computerized data that includes a consumer’s
personal information that is used in the course of the person’s business, vocation,
occupation, or volunteer activities and that was subject to a breach of security shall give
notice of the breach of security following discovery of such breach of security, or receipt
of notification under subsection 2, to any consumer whose personal information was
included in the information that was breached. The consumer notification shall be made
in the most expeditious manner possible and without unreasonable delay, consistent with
the legitimate needs of law enforcement as provided in subsection 3, and consistent with
any measures necessary to sufficiently determine contact information for the affected
consumers, determine the scope of the breach, and restore the reasonable integrity, security,
and confidentiality of the data.
2. Any person who maintains or otherwise possesses personal information on behalf
of another person shall notify the owner or licensor of the information of any breach of
security immediately following discovery of such breach of security if a consumer’s personal
information was included in the information that was breached.
3. The consumer notification requirements of this section may be delayed if a law
enforcement agency determines that the notification will impede a criminal investigation
and the agency has made a written request that the notification be delayed. The notification
required by this section shall be made after the law enforcement agency determines that the
notification will not compromise the investigation and notifies the person required to give
notice in writing.
4. For purposes of this section, notification to the consumer may be provided by one of
the following methods:
a. Written notice to the last available address the person has in the person’s records.
b. Electronic notice if the person’s customary method of communication with the
consumer is by electronic means or is consistent with the provisions regarding electronic
records and signatures set forth in chapter 554D and the federal Electronic Signatures in
Global and National Commerce Act, 15 U.S.C. §7001.
c. Substitute notice, if the person demonstrates that the cost of providing notice would
exceed two hundred fifty thousand dollars, that the affected class of consumers to be notified
exceedsthreehundredfiftythousandpersons,orifthepersondoesnothavesufficientcontact
information to provide notice. Substitute notice shall consist of the following:
(1) Electronic mail notice when the person has an electronic mail address for the affected
consumers.
(2) Conspicuous posting of the notice or a link to the notice on the internet site of the
person if the person maintains an internet site.
(3) Notification to major statewide media.
5. Notice pursuant to this section shall include, at a minimum, all of the following:
a. A description of the breach of security.
b. The approximate date of the breach of security.
c. The type of personal information obtained as a result of the breach of security.
d. Contact information for consumer reporting agencies.
e. Advice to the consumer to report suspected incidents of identity theft to local law
enforcement or the attorney general.
6. Notwithstanding subsection 1, notification is not required if, after an appropriate
investigation or after consultation with the relevant federal, state, or local agencies
3 PERSONAL INFORMATION SECURITY BREACH PROTECTION, §715C.2
responsible for law enforcement, the person determined that no reasonable likelihood of
financial harm to the consumers whose personal information has been acquired has resulted
or will result from the breach. Such a determination must be documented in writing and the
documentation must be maintained for five years.
7. This section does not apply to any of the following:
a. A person who complies with notification requirements or breach of security
procedures that provide greater protection to personal information and at least as thorough
disclosure requirements than that provided by this section pursuant to the rules, regulations,
procedures, guidance, or guidelines established by the person’s primary or functional federal
regulator.
b. A person who complies with a state or federal law that provides greater protection to
personal information and at least as thorough disclosure requirements for breach of security
or personal information than that provided by this section.
c. A person who is subject to and complies with regulations promulgated pursuant to Tit.
V of the federal Gramm-Leach-Bliley Act of 1999, 15 U.S.C. §6801 – 6809.
d. A person who is subject to and complies with regulations promulgated pursuant to Tit.
II, subtit. F of the federal Health Insurance Portability and Accountability Act of 1996, 42
U.S.C. §1320d – 1320d-9, and Tit. XIII, subtit. D of the federal Health Information Technology
for Economic and Clinical Health Act of 2009, 42 U.S.C. §17921 – 17954.
8. Any person who owns or licenses computerized data that includes a consumer’s
personalinformationthatisusedinthecourseoftheperson’sbusiness, vocation, occupation,
or volunteer activities and that was subject to a breach of security requiring notification to
more than five hundred residents of this state pursuant to this section shall give written
notice of the breach of security to the director of the consumer protection division of the
office of the attorney general within five business days after giving notice of the breach of
security to any consumer pursuant to this section.
9. a. A violation of this chapter is an unlawful practice pursuant to section 714.16 and,
in addition to the remedies provided to the attorney general pursuant to section 714.16,
subsection 7, the attorney general may seek and obtain an order that a party held to violate
this section pay damages to the attorney general on behalf of a person injured by the
violation.
b. The rights and remedies available under this section are cumulative to each other and
to any other rights and remedies available under the law.