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Arizona Statute Breach Data State   

 

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Ariz. Rev. Stat. Ann. § 18-545*

 

Quick Facts

Breach Based on
Harm Threshold

Deadline for
Consumer Notice

Government
Notification Required

YES

Most expedient manner possible without unreasonable delay

* YES, if >1,000 residents notified

 

 

More Details

Scope of this Summary Notification requirements applicable to persons or entities that conduct business in the state and own, license, or maintain covered info. Some types of businesses may be exempt from some or all of these requirements and non-commercial entities may be subject to different requirements.
Covered Info First name or first initial and last name, plus: Social Security number; driver's license or state identification card number; financial account, credit or debit card number, in combination with any required security or access code or password that would permit access to a resident's financial account; private key that is unique to an individual and that is used to authenticate or sign an electronic record; an individual's health insurance identification number; information about an individual's medical or mental health treatment or diagnosis by a health care professional; passport number; individual's taxpayer identification number or an identity protection personal identification number issued by the IRS; unique biometric data generated from a measurement or analysis of human body characteristics to authenticate an individual when the individual accesses an online account; and an individual's user name or e-mail address, in combination with a password or security question and answer, that allows access to an online account.
Form of Covered Info Electronic Only
Encryption Safe Harbor Statute does not apply to information that is encrypted, redacted, or secured by any other means rendering the element unreadable or unusable.
Breach Defined Unauthorized acquisition and access that materially compromises the security or confidentiality of covered info maintained as part of a database of personal information regarding multiple individuals, and that causes or is reasonably likely to cause substantial economic loss to a resident, excluding certain good faith acquisitions by employees or agents.
Consumer Notice Timing: Must be made in the most expedient manner possible and without unreasonable delay consistent with any measures to determine the scope of the breach, identify residents affected, or restore the reasonable integrity of the system. Notice required within 45 days of determination that a breach has occurred.

Method: By written notice, telephone notice, or electronic notice if it is the primary method of communication with resident or is consistent with E-SIGN. Substitute notice is available if certain criteria are satisfied. Email notice if the entity has the affected individual’s email address.

Content: Subject to other elements, notice must include: the approximate date of the breach; type of PI included in the breach; the toll-free telephone numbers and addresses of the three largest credit reporting agencies; and the toll-free number, address and website for the FTC or any federal agency that assists consumers with identity theft matters.
Delayed Notice Notification may be delayed if law enforcement advises that notice will impede a criminal investigation.
Government Notice If notice to more than 1,000 residents is required, the Entity shall notify the Attorney General.
Consumer Agency Notice If notice to more than 1,000 residents is required, the Entity shall notify the three largest consumer reporting agencies.
Harm Threshold Notification not required if, after a reasonable investigation, covered entity or a law enforcement agency determines a breach of the security of the system did not or is not reasonably likely to occur.
Third-Party Notice If you maintain unencrypted computerized data that includes covered info on behalf of another entity, you must notify them without unreasonable delay following discovery of a breach. Must cooperate by sharing relevant information about breach.
Potential Penalties Violations may result in civil penalties.

 

 

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This summary is for informational purposes only. It provides general information and not legal advice or opinions regarding specific facts. Additional requirements or conditions may apply to any or all provisions referenced herein. For more information about the state data breach notification laws or other data security matters, please seek the advice of counsel.

 

Last revised on August 1, 2018