Breach Based on Harm Threshold: Yes
Deadline for Consumer Notice: Most expedient time possible and without unreasonable delay
Government Notification Required: Yes, if>500 residents notified
Scope of this Summary:
Notification requirements applicable to persons or business entities that own or license covered info that is used in the course of a business, vocation, occupation, or volunteer activities. Some types of businesses may be exempt from some or all of these requirements, and non-commercial entities may be subject to different requirements.
Risk of Harm Threshold
Notification not required if after appropriate investigation or consultation with relevant federal, state, or local law enforcement, covered entity determines that there is no reasonable likelihood of financial harm to residents. Such determination must be documented in writing and retained for five years.
Unauthorized acquisition that compromises the security, confidentiality, or integrity of the covered info, excluding certain good-faith acquisitions by employees or agents.
Encryption Safe Harbor
Statute does not apply to information that is encrypted, redacted, or otherwise altered by any method or technology pursuant to accepted industry standards in such a way that it is unreadable so long as the encryption key was not accessed or acquired.
Effective July 1, 2023, if an organization has a compliant cybersecurity program, it can assert an affirmative defense against tort claims alleging a data breach resulted from failure to implement reasonable information security controls
Form of Covered Info
Electronic or any medium (paper, microfilm, etc.) if transferred from computerized data.
An individual's first name or first initial and last name in combination with any one or more of the following data elements:
- Social Security number.
- Driver's license number or other unique identification number created or collected by a government body.
- Financial account number, credit card number, or debit card number in combination with any required expiration date, security code, access code, or password that would permit access to an individual's financial account.
- Unique electronic identifier or routing code, in combination with any required security code, access code, or password that would permit access to an individual's financial account.
- Unique biometric data, such as a fingerprint, retina or iris image, or other unique physical representation or digital representation of biometric data.
Consumer Notice Timing
Must be made in most expeditious manner possible and without unreasonable delay, consistent with any measures necessary to sufficiently determine contact info for affected consumers, determine the scope of the breach, and restore the reasonable integrity, security, and confidentiality of the data.
Consumer Notice Method
By written notice or electronic notice (if it is the customary method of communication with the consumer or is consistent with Iowa Code, Chapter 554D and E-SIGN). Substitute notice is available if certain criteria are satisfied.
Consumer Notice Content
Notice shall include, at a minimum, all of the following:
- A description of the breach of security.
- The approximate date of the breach of security.
- The type of personal information obtained as a result of the breach of security.
- Contact information for Consumer Reporting Agencies.
- Advice to the consumer to report suspected incidents of identity theft to local law enforcement or the attorney general.
Notification may be delayed if law enforcement determines that notification will impede a criminal investigation and the agency makes a written request that the notification be delayed.
If more than 500 Iowa residents are notified, must notify Director of the Iowa Attorney General's Consumer Protection Division within 5 business days after notifying residents.
Consumer Reporting Agency Notice
Exceptions for Other Laws
The statute exempts entities that are subject to and comply with:
- A state or federal law that provides greater protection to personal information and has disclosure requirements for breach of security or personal information at least as thorough as Iowa's statute.
- The Gramm-Leach-Bliley Act (GLBA).
- The Health Information Portability and Accountability Act (HIPAA).
- The Health Information Technology for Economic and Clinical Health Act.
If you maintain covered info on behalf of another entity, you must notify it immediately following discovery of a breach.
Private Right of Action
The Iowa general breach notification statute does not provide for a private right of action.
Violations may result in civil penalties.