28-51-106 — PROCEDURES DEEMED IN COMPLIANCE WITH SECURITY BREACH REQUIREMENTS
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TITLE 28
COMMERCIAL TRANSACTIONS
CHAPTER 51
IDENTITY THEFT
28-51-106. PROCEDURES DEEMED IN COMPLIANCE WITH SECURITY BREACH
REQUIREMENTS. (1) An agency, individual or a commercial entity that maintains
its own notice procedures as part of an information security policy for the
treatment of personal information, and whose procedures are otherwise
consistent with the timing requirements of section 28-51-105, Idaho Code, is
deemed to be in compliance with the notice requirements of section 28-51-105,
Idaho Code, if the agency, individual or the commercial entity notifies
affected Idaho residents in accordance with its policies in the event of a
breach of security of the system.
(2) An individual or a commercial entity that is regulated by state or
federal law and that maintains procedures for a breach of the security of the
system pursuant to the laws, rules, regulations, guidances, or guidelines
established by its primary or functional state or federal regulator is deemed
to be in compliance with section 28-51-105, Idaho Code, if the individual or
the commercial entity complies with the maintained procedures when a breach of
the security of the system occurs.