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Can you summarize VACV 18.2-186.6?
Breach of personal information notification
Short Summary
This legal document governs the breach of personal information notification in the Commonwealth of Virginia. It applies to individuals or entities that own or license computerized data containing personal information. The document defines ‘breach of the security of the system’ as the unauthorized access and acquisition of unencrypted and unredacted computerized data compromising the security or confidentiality of personal information. It requires the disclosure of any breach to the Office of the Attorney General and affected residents without unreasonable delay. The document provides various methods of notice and specifies the information that should be included in the notice. It also outlines exemptions for certain entities and provides compliance options for entities with their own notification procedures or regulated by specific laws. The Attorney General may impose civil penalties for violations, and individuals may recover direct economic damages. The document also includes provisions for financial institutions, state regulators, and exemptions for certain systems and employers or payroll service providers related to income tax withheld.
Whom does it apply to?
Individuals or entities that own or license computerized data containing personal information
What does it govern?
Breach of personal information notification
What are exemptions?
State-chartered or licensed financial institutions, individuals or entities regulated by the State Corporation Commission's Bureau of Insurance, criminal intelligence systems subject to the restrictions of 28 C.F.R. Part 23 maintained by law-enforcement agencies, and employers or payroll service providers that own or license computerized data relating to income tax withheld
What are the Penalties?
Civil penalty not to exceed $150,000 per breach of the security of the system or a series of breaches of a similar nature that are discovered in a single investigation
Jurisdiction
Virginia