Data Breach Requirements: N.D.C.C. § 51-30-01 et seq.
The numbering and internal citations herein are derived from the applicable state statute.
Personal Information
The term “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.
Security Breach Definition
The term “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 Exception
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.
Risk of Harm Analysis
N/A
Notification Timeline
The breach notification must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, or any measures necessary to determine the scope of the breach and to restore the integrity of the data system.
Security and Investigation Exceptions
The breach notification may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The breach notification must be made after the law enforcement agency determines that the notification will not compromise the investigation.
Notification Content Requirements
N/A
Delivery Methods
A breach notice may be provided by one of the following methods:
- Written notice;
- 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
- Substitute notice, if the person demonstrates that the cost of providing notice would exceed $250,000, or that the affected class of subject persons to be notified exceeds 500,000, or the person does not have sufficient contact information.
Substitute Notice
Substitute notice consists of the following:
a. Email notice when the person has an email address for the subject persons;
b. Conspicuous posting of the notice on the person’s website page, if the person maintains one; and
c. Notification to major statewide media.
Notice to Government Agencies
Any person that experiences a breach of the security system shall disclose to the attorney general by mail or email any breach which exceeds 250 individuals.
Consumer Reporting Agencies
N/A
Preemption and Compliance
A financial institution, trust company, or credit union that is subject to, examined for, and in compliance with the federal interagency guidance on response programs for unauthorized access to customer information and customer notice is in compliance with this chapter. A covered entity, business associate, or subcontractor subject to breach notification requirements under Title 45, Code of Federal Regulations, Subpart D, Part 164 (HIPAA), is considered to be in compliance with this chapter.
Data Processor Obligations
Any person that maintains computerized data that includes personal information that the person does not own shall notify the owner or licensee of the information of the breach of the security of the data immediately following the discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person.