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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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Data Breach Requirements: Idaho Code § 28-51-104 et seq.

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The numbering and internal citations herein are derived from the applicable state statute.

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The term “personal information” means an Idaho resident’s first name or first initial and last name in combination with any one or more of the following data elements that relate to the resident, when either the name or the data elements are not encrypted:

(b) Driver’s license number or Idaho identification card number; or (c) Account number, or credit or debit card number, in combination with any required security code, access code, or password that would permit access to a resident’s financial account.

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The term “breach of the security of the system” means the illegal acquisition of unencrypted computerized data that materially compromises the security, confidentiality, or integrity of personal information for one or more persons maintained by an agency, individual, or a commercial entity.

Good faith acquisition of personal information by an employee or agent of an agency, individual or a commercial entity for the purposes of the agency, individual, or the commercial entity is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure.

When an individual or commercial entity becomes aware of a breach of the security of the system, it must conduct in good faith a reasonable and prompt investigation to determine the likelihood that personal information has been or will be misused. If the investigation determines that the misuse of information about an Idaho resident has occurred or is reasonably likely to occur, the individual or the commercial entity shall provide notice of the breach.

A breach notification must 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, to identify the individuals affected, and to restore the reasonable integrity of the computerized data system.

A data breach notice may be delayed if a law enforcement agency advises the individual or commercial entity that the notice will impede a criminal investigation. The breach notice must be made in good faith, without unreasonable delay, and as soon as possible after the law enforcement agency advises the agency, individual, or commercial entity that notification will no longer impede the investigation.

A breach notice may be provided by one of the following methods: (a) Written notice to the most recent address the agency, individual, or commercial entity has in its records; (b) Telephonic notice; (c) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. § 7001 (The Electronic Signatures in Global and National Commerce Act); or (d) Substitute notice, if the agency, individual, or the commercial entity required to provide notice demonstrates that the cost of providing notice will exceed $25,000, or that the number of Idaho residents to be notified exceeds 50,000, or that the agency, individual, or the commercial entity does not have sufficient contact information to provide notice.

Substitute notice consists of all of the following: (i) Email notice if the agency, individual, or the commercial entity has email addresses for the affected Idaho residents; and (ii) Conspicuous posting of the notice on the website page of the agency, individual, or the commercial entity if the agency, individual, or the commercial entity maintains one; and (iii) Notice to major statewide media.

(2) An individual or a commercial entity that is regulated by state or federal law and that maintains procedures for a breach of the security of the system pursuant to the laws, rules, regulations, guidances, or guidelines established by its primary or functional state or federal regulator is deemed to be in compliance with section 28-51-105, Idaho Code, if the individual or the commercial entity complies with the maintained procedures when a breach of the security of the system occurs.

An agency, individual, or a commercial entity that maintains computerized data that includes personal information that the agency, individual, or the commercial entity does not own or license shall give notice to and cooperate with the owner or licensee of the information of any breach of the security of the system immediately following discovery of a breach if misuse of personal information about an Idaho resident occurred or is reasonably likely to occur. Cooperation includes sharing with the owner or licensee information relevant to the breach.