Section 2215 - Security breach1.Notice to holder. Except to the extent prohibited by law other than this Act, the administrator or administrator's agent shall notify a holder as soon as practicable of:A. A suspected loss, misuse or unauthorized access, disclosure, modification or destruction of confidential information obtained from the holder in the possession of the administrator or an administrator's agent; and [2019, c. 498, §22(NEW).]B. Any interference with operations in any system hosting or housing confidential information that: (1) Compromises the security, confidentiality or integrity of the information; or(2) Creates a substantial risk of identity fraud or theft. [2019, c. 498, §22(NEW).] [2019, c. 498, §22(NEW).]
2.Disclosure of breach limited. Except as necessary to inform an insurer, attorney, investigator or others as required by law, the administrator and an administrator's agent may not disclose, without the express consent in a record of the holder, an event described in subsection 1 to a person whose confidential information was supplied by the holder. [2019, c. 498, §22(NEW).]
3.Action of administrator and administrator's agent. If an event described in subsection 1 occurs, the administrator and the administrator's agent shall: A. Take action necessary for the holder to understand and minimize the effect of the event and determine its scope; and [2019, c. 498, §22(NEW).]B. Cooperate with the holder with respect to: (1) Any notification required by law concerning a data or other security breach; and(2) A regulatory inquiry, litigation or similar action. [2019, c. 498, §22(NEW).] [2019, c. 498, §22(NEW).]
Added by 2019, c. 498,§ 22, eff. 9/19/2019.