Liability of Transportation Entity for the Unintentional Release of Secure Data or the Intentional Release of Monitoring Data on Movements or Activities of the Public (2016) / Chapter Skim
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Pages 35-39
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From page 35... ...
35 sensitive personal information that results in the potential compromise of the confidentiality or integrity of the data."509 In Ohio, the term "breach of the security of the system" is defined to mean an unauthorized access to and acquisition of computerized data that compromises the security or confidentiality of personal information owned or licensed by a state agency or an agency of a political subdivision and that causes, reasonably is believed to have caused, or reasonably is believed will cause a material risk of identity theft or other fraud to the person or property of a resident of this state.510 B States Having Data Breach Notification Statutes As of January 2015, all states except Alabama, New Mexico, and South Dakota have laws requiring that notice be given to the public if there is a security breach involving data having personal information.511 The term "personal information" may be phone or other electronic device and provides that a violation would be punishable as a Class 1 misdemeanor.502 Bills applicable to ALPRs are pending in both chambers of the North Carolina legislature.
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36 Washington State's breach notification law applies to personal information, a term that (5) …means an individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (a)
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37 In Ohio, the statute defines the term "agency of a political subdivision" to mean "each organized body, office, or agency established by a political subdivision for the exercise of any function of the political subdivision, except that ‘agency of a political subdivision' does not include an agency that is a covered entity as defined in 45 C.F.R. 160.103, as amended."519 In some states there is a good faith defense to the disclosure of personal information as long as the personal information was not used for illegitimate purposes and there were no other unauthorized disclosures of the data.520 D
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38 fails to give notice [of a security breach] in accordance with section 28-51-105, Idaho Code, shall be subject to a fine of not more than twenty-five thousand dollars ($25,000)
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39 breach of the statute.538 In Oklahoma, Oklahoma Statute Section 24-165(A) provides for enforcement and a civil penalty for a violation of the Security Breach Notification Act: "A violation of this act that results in injury or loss to residents of this state may be enforced by the Attorney General or a district attorney in the same manner as an unlawful practice under the Oklahoma Consumer Protection Act." Subsection (B)
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