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Can I avoid having a data breach response plan in Virginia? What are the requirements?

Data Breach Response Plan Requirements in Virginia

Based on the context documents, it is not possible to avoid having a data breach response plan in Virginia. The only relevant document that mentions data breaches is [4.1], which outlines the requirements for notifying consumers in the event of a cybersecurity event that has caused or has a reasonable likelihood of causing identity theft or other fraud to consumers whose information was accessed or acquired. Licensees, except those exempted under subsection A 1 or A 2 of § 38.2-629 of the Code of Virginia, that determine a cybersecurity event has occurred and has caused or has a reasonable likelihood of causing identity theft or other fraud to consumers whose information was accessed or acquired shall notify those consumers in accordance with § 38.2-626 of the Code of Virginia, subject to any applicable numerical threshold.

Therefore, it is necessary for licensees to have a data breach response plan in place to comply with this requirement.

In addition, [1.2] outlines the requirement for data controllers to establish, implement, and maintain reasonable administrative, technical, and physical data security practices to protect the confidentiality, integrity, and accessibility of personal data. Such data security practices shall be appropriate to the volume and nature of the personal data at issue.

Therefore, while there may not be a specific requirement for a data breach response plan, it is necessary for licensees to have measures in place to protect personal data and respond to cybersecurity events.

Conclusion

In conclusion, it is not possible to avoid having a data breach response plan in Virginia. Licensees must have measures in place to protect personal data and respond to cybersecurity events to comply with the notification requirements outlined in [4.1]. Additionally, data controllers must establish, implement, and maintain reasonable data security practices to protect personal data in accordance with [1.2].

Source(s):
Jurisdiction

Virginia