§ 67-4a-1407 — Security breach.

(1) Except to the extent prohibited by law other than in this chapter, the administrator or the administrator's agent shall notify a holder as soon as practicable of:

(1)(a) a suspected loss, misuse, unauthorized access, disclosure, modification, or destruction of confidential information obtained from the holder in the possession of the administrator or the administrator's agent; and
(1)(b) any interference with operations in any system hosting or housing confidential information that:
(1)(b)(i) compromises the security, confidentiality, or integrity of the information; or
(1)(b)(ii) creates a substantial risk of identity fraud or theft.
(2) Except as necessary to inform an insurer, attorney, investigator, or others as required by law, the administrator and the administrator's agent may not disclose, without the express consent in a record of the holder, an event described in Subsection (1) to a person whose confidential information was supplied by the holder.
(3) If an event described in Subsection (1) occurs, the administrator and the administrator's agent shall:

(3)(a) take action necessary for the holder to understand and minimize the effect of the event and determine the event's scope; and
(3)(b) cooperate with the holder with respect to:
(3)(b)(i) any notification required by law concerning a data or other security breach; and
(3)(b)(ii) a regulatory inquiry, litigation, or similar action.

Legislative History

Enacted by Chapter 371, 2017 General Session