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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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Consumer Data Privacy and Online Monitoring

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Available at: <a href="https://www.legis.iowa.gov/docs/publications/LGE/90/SF262.pdf">https://www.legis.iowa.gov/docs/publications/LGE/90/SF262.pdf</a>

Data Breach Requirements: Iowa Code Ann. § 715C.1 et seq.

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

The term “personal information” means an individual’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 individual if any of the data elements are not encrypted, redacted, or otherwise altered by any method or technology in such a manner that the name or data elements are unreadable or are encrypted, redacted, or otherwise altered by any method or technology but the keys to unencrypt, unredact, or otherwise read the data elements have been obtained through the breach of security: (1) Social Security number. (2) Driver’s license number or other unique identification number created or collected by a government body. (3) Financial account number, credit card number, or debit card number in combination with any required expiration date, security code, access code, or password that would permit access to an individual’s financial account. (4) Unique electronic identifier or routing code, in combination with any required security code, access code, or password that would permit access to an individual’s financial account. (5) Unique biometric data, such as a fingerprint, retina or iris image, or other unique physical representation or digital representation of biometric data.

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The term “breach of security” means unauthorized acquisition of personal information maintained in computerized form by a person that compromises the security, confidentiality, or integrity of the personal information. A “breach of security” also means unauthorized acquisition of personal information maintained by a person in any medium, including on paper, that was transferred by the person to that medium from computerized form and that compromises the security, confidentiality, or integrity of the personal information.

Good faith acquisition of personal information by a person or that person’s employee or agent for a legitimate purpose of that person is not a breach of security, provided that the personal information is not used in violation of applicable law or in a manner that harms or poses an actual threat to the security, confidentiality, or integrity of the personal information.

A breach notification is not required if, after an appropriate investigation or after consultation with the relevant federal, state, or local agencies 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.

A breach notification shall be made in the most expeditious manner possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, 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.

The breach notification requirements 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 breach notification 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.

The breach notification 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.

A breach notice 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 15 U.S.C. § 7001 (The Electronic Signatures in Global and National Commerce Act). c. Substitute notice, if the person demonstrates that the cost of providing notice would exceed $250,000, that the affected class of consumers to be notified exceeds 350,000 persons, or if the person does not have sufficient contact information to provide notice.

Substitute notice shall consist of the following: (1) Email notice when the person has an email 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.

Any person who was subject to a breach requiring notification to more than 500 residents of this state 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.

The breach notification requirements do 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 Title V of the Gramm-Leach-Bliley Act. d. A person who is subject to and complies with regulations promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and Health Information Technology for Economic and Clinical Health Act of 2009.

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.