§ 51-30-01 — Definitions

In this chapter, unless the context or subject matter otherwise requires:
1. "Breach of the security system" means unauthorized acquisition of computerized data
when access to personal information has not been secured by encryption or by any
other method or technology that renders the electronic files, media, or databases
unreadable or unusable. Good-faith acquisition of personal information by an
employee or agent of the person is not a breach of the security of the system, if the
personal information is not used or subject to further unauthorized disclosure.
2. "Health insurance information" means an individual's health insurance policy number
or subscriber identification number and any unique identifier used by a health insurer
to identify the individual.
3. "Medical information" means any information regarding an individual's medical history,
mental or physical condition, or medical treatment or diagnosis by a health care
professional.
4. a. "Personal information" means an individual's first name or first initial and last
name in combination with any of the following data elements, when the name and
the data elements are not encrypted:
(1) The individual's social security number;
(2) The operator's license number assigned to an individual by the department
of transportation under section 39-06-14;
(3) A nondriver color photo identification card number assigned to the individual
by the department of transportation under section 39-06-03.1;
(4) The individual's financial institution account number, credit card number, or
debit card number in combination with any required security code, access
code, or password that would permit access to an individual's financial
accounts;
(5) The individual's date of birth;
(6) The maiden name of the individual's mother;
(7) Medical information;
(8) Health insurance information;
(9) An identification number assigned to the individual by the individual's
employer in combination with any required security code, access code, or
password; or
(10) The individual's digitized or other electronic signature.
b. "Personal information" does not include publicly available information that is
lawfully made available to the general public from federal, state, or local
government records.