§ 40-12-502 — Computer security breach; notice to affected persons

Wyoming § 40-12-502

• Jurisdiction: Wyoming
• Title 40: Trade and Commerce
• Ch. 12: CONSUMER PROTECTION
• Art. 5: CREDIT FREEZE REPORTS

Text

(a) An individual or commercial entity that conducts
business in Wyoming and that owns or licenses computerized data
that includes personal identifying information about a resident
of Wyoming shall, when it becomes aware of a breach of the
security of the system, conduct in good faith a reasonable and
prompt investigation to determine the likelihood that personal
identifying information has been or will be misused. If the
investigation determines that the misuse of personal identifying
information about a Wyoming resident has occurred or is
reasonably likely to occur, the individual or the commercial
entity shall give notice as soon as possible to the affected
Wyoming resident. Notice shall be made in the most expedient
time possible and without unreasonable delay, consistent with
the legitimate needs of law enforcement and consistent with any
measures necessary to determine the scope of the breach and to
restore the reasonable integrity of the computerized data
system.
(b) The notification required by this section may be
delayed if a law enforcement agency determines in writing that
the notification may seriously impede a criminal investigation.
(c) Any financial institution as defined in 15 U.S.C. 6809
or federal credit union as defined by 12 U.S.C. 1752 that
maintains notification procedures subject to the requirements of
15 U.S.C. 6801(b)(3) and 12 C.F.R. Part 364 Appendix B or Part
748 Appendix B, is deemed to be in compliance with this section
if the financial institution notifies affected Wyoming customers
in compliance with the requirements of 15 U.S.C. 6801 through
6809 and 12 C.F.R. Part 364 Appendix B or Part 748 Appendix B.
(d) For purposes of this section, notice to consumers may
be provided by one (1) of the following methods:
(i) Written notice;
(ii) Electronic mail notice;
(iii) Substitute notice, if the person demonstrates:
(A) That the cost of providing notice would
exceed ten thousand dollars ($10,000.00) for Wyoming-based
persons or businesses, and two hundred fifty thousand dollars
($250,000.00) for all other businesses operating but not based
in Wyoming;
(B) That the affected class of subject persons
to be notified exceeds ten thousand (10,000) for Wyoming-based
persons or businesses and five hundred thousand (500,000) for
all other businesses operating but not based in Wyoming; or
(C) The person does not have sufficient contact
information.
(iv) Substitute notice shall consist of all of the
following:
(A) Conspicuous posting of the notice on the
Internet, the World Wide Web or a similar proprietary or common
carrier electronic system site of the person collecting the
data, if the person maintains a public Internet, the World Wide
Web or a similar proprietary or common carrier electronic system
site; and
(B) Notification to major statewide media. The
notice to media shall include a toll-free phone number where an
individual can learn whether or not that individual's personal
data is included in the security breach.
(e) Notice required under subsection (a) of this section
shall be clear and conspicuous and shall include, at a minimum:
(i) A toll-free number:
(A) That the individual may use to contact the
person collecting the data, or his agent; and
(B) From which the individual may learn the
toll-free contact telephone numbers and addresses for the major
credit reporting agencies.
(ii) The types of personal identifying information
that were or are reasonably believed to have been the subject of
the breach;
(iii) A general description of the breach incident;
(iv) The approximate date of the breach of security,
if that information is reasonably possible to determine at the
time notice is provided;
(v) In general terms, the actions taken by the
individual or commercial entity to protect the system containing
the personal identifying information from further breaches;
(vi) Advice that directs the person to remain
vigilant by reviewing account statements and monitoring credit
reports;
(vii) Whether notification was delayed as a result of
a law enforcement investigation, if that information is
reasonably possible to determine at the time the notice is
provided.
(f) The attorney general may bring an action in law or
equity to address any violation of this section and for other
relief that may be appropriate to ensure proper compliance with
this section, to recover damages, or both. The provisions of
this section are not exclusive and do not relieve an individual
or a commercial entity subject to this section from compliance
with all other applicable provisions of law.
(g) Any person who maintains computerized data that
includes personal identifying information on behalf of another
business entity shall disclose to the business entity for which
the information is maintained any breach of the security of the
system as soon as practicable following the determination that
personal identifying information was, or is reasonably believed
to have been, acquired by an unauthorized person. The person
who maintains the data on behalf of another business entity and
the business entity on whose behalf the data is maintained may
agree which person or entity will provide any required notice as
provided in subsection (a) of this section, provided only a
single notice for each breach of the security of the system
shall be required. If agreement regarding notification cannot
be reached, the person who has the direct business relationship
with the resident of this state shall provide notice subject to
the provisions of subsection (a) of this section.
(h) A covered entity or business associate that is subject
to and complies with the Health Insurance Portability and
Accountability Act, and the regulations promulgated under that
act, 45 C.F.R. Parts 160 and 164, is deemed to be in compliance
with this section if the covered entity or business associate
notifies affected Wyoming customers or entities in compliance
with the requirements of the Health Insurance Portability and
Accountability Act and 45 C.F.R. Parts 160 and 164.