US Laws, Codes, Statutes & Cases

                                  TITLE  28
                           COMMERCIAL TRANSACTIONS
                                  CHAPTER 51
                                IDENTITY THEFT
    28-51-104.  DEFINITIONS. For purposes of sections 28-51-104 through
28-51-107, Idaho Code:
    (1)  "Agency" means any "public agency" as defined in section 9-337, Idaho
Code.
    (2)  "Breach of the security of the system" means the illegal acquisition
of unencrypted computerized data that materially compromises the security,
confidentiality, or integrity of personal information for one (1) or more
persons maintained by an agency, individual or a commercial entity. Good faith
acquisition of personal information by an employee or agent of an agency,
individual or a commercial entity for the purposes of the agency, individual
or the commercial entity is not a breach of the security of the system,
provided that the personal information is not used or subject to further
unauthorized disclosure.
    (3)  "Commercial entity" includes corporation, business trust, estate,
trust, partnership, limited partnership, limited liability partnership,
limited liability company, association, organization, joint venture and any
other legal entity, whether for profit or not-for-profit.
    (4)  "Notice" means:
    (a)  Written notice to the most recent address the agency, individual or
    commercial entity has in its records;
    (b)  Telephonic notice;
    (c)  Electronic notice, if the notice provided is consistent with the
    provisions regarding electronic records and signatures set forth in 15
    U.S.C. section 7001; or
    (d)  Substitute notice, if the agency, individual or the commercial entity
    required to provide notice demonstrates that the cost of providing notice
    will exceed twenty-five thousand dollars ($25,000), or that the number of
    Idaho residents to be notified exceeds fifty thousand (50,000), or that
    the agency, individual or the commercial entity does not have sufficient
    contact information to provide notice. Substitute notice consists of all
    of the following:
         (i)   E-mail notice if the agency, individual or the commercial
         entity has e-mail addresses for the affected Idaho residents; and
         (ii)  Conspicuous posting of the notice on the website page of the
         agency, individual or the commercial entity if the agency, individual
         or the commercial entity maintains one; and
         (iii) Notice to major statewide media.
    (5)  "Personal information" means an Idaho resident's first name or first
initial and last name in combination with any one (1) or more of the following
data elements that relate to the resident, when either the name or the data
elements are not encrypted:
    (a)  Social security number;
    (b)  Driver's license number or Idaho identification card number; or
    (c)  Account number, or credit or debit card number, in combination with
    any required security code, access code, or password that would permit
    access to a resident's financial account.
    The term "personal information" does not include publicly available
information that is lawfully made available to the general public from
federal, state, or local government records or widely distributed media.
    (6)  "Primary regulator" of a commercial entity or individual licensed or
chartered by the United States is that commercial entity's or individual's
primary federal regulator, the primary regulator of a commercial entity or
individual licensed by the department of finance is the department of finance,
the primary regulator of a commercial entity or individual licensed by the
department of insurance is the department of insurance and, for all agencies
and all other commercial entities or individuals, the primary regulator is the
attorney general.