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Can you summarize NCGS 75-65?
Identity Theft Protection Act. > Protection from security breaches.
Short Summary
This legal document, known as the Identity Theft Protection Act, establishes security breach notification requirements for businesses that own or license personal information of residents of North Carolina. It applies to businesses that own or license personal information in any form and requires them to provide notice to affected individuals in the event of a security breach. The notice must be provided without unreasonable delay, consistent with the needs of law enforcement and measures necessary to determine the scope of the breach and restore the security of the data system. The document specifies the content that must be included in the notice, such as a description of the incident, the type of personal information involved, and contact information for further assistance. It also allows for various methods of providing notice, including written, electronic, telephonic, or substitute notice. The document includes provisions for delaying notice if requested by law enforcement and requires businesses to notify the Consumer Protection Division of the Attorney General’s Office of the breach. Non-compliance with the requirements may result in penalties under G.S. 75-1.1, although a private right of action can only be brought by an individual who has suffered injury as a result of the violation.
Whom does it apply to?
Businesses that own or license personal information of residents of North Carolina or conduct business in North Carolina
What does it govern?
Security breach notification requirements for businesses that own or license personal information of residents of North Carolina
What are exemptions?
The definition of personal information excludes certain types of information that would not permit access to a person's financial account or resources.
What are the Penalties?
A violation of this section is a violation of G.S. 75-1.1. No private right of action may be brought by an individual for a violation of this section unless such individual is injured as a result of the violation.
Jurisdiction
North Carolina