Vermont

Notification requirements applicable to commercial entities that 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.

First name or first initial and last name, plus: Social Security number; driver's license or nondriver identification card number, individual taxpayer identification number, passport number, military identification number; or other identification number that originates from a government identification document that is commonly used to verify identity for a commercial transaction; financial account, credit or debit card number, if number could be used without additional identifying information, access codes, or passwords; or account passwords or personal identification numbers or other access codes for a financial account; unique biometric data generated from measurements or technical analysis of human body characteristics used by the owner or licensee of the data to identify or authenticate the consumer, such as a fingerprint, retina or iris image, or other unique physical representation or digital representation of biometric data; genetic information; and health records or records of a wellness program or similar program of health promotion or disease prevention, a health care professional's medical diagnosis or treatment of the consumer, or health insurance policy number.

Electronic Only.

Statute does not apply to info that is encrypted, redacted, or protected by another method that renders it unreadable or unusable.

Unauthorized acquisition, or reasonable belief of an unauthorized acquisition, that compromises the security, confidentiality or integrity of covered info, excluding certain good faith acquisitions by employees or agents. Statute provides factors that may be considered to determine if covered info was "acquired."

Timing: Must be made in the most expedient time possible and without unreasonable delay but no later than 45 days after discovery of breach, consistent with any measures to determine scope of the breach and to restore the reasonable integrity, security and confidentiality of the system.

Content: Notice must be clear and conspicuous and include description of: incident in general terms; type of covered info subject to the breach; general acts taken to protect the covered info from further security breach; a telephone number (toll-free, if available) that can be called for further info and assistance; advice to remain vigilant by reviewing account statements and monitoring free credit reports; and approximate date of the security breach. Additional requirements apply to electronic notice.

Method: By written notice, telephone notice (if directly contact the resident via a live call), or electronic notice (if primary method of communication with resident or is consistent with E-SIGN). Substitute notice available if certain criteria are satisfied.

Notification shall be delayed if law enforcement believes notice may impede an investigation or jeopardize public safety or national or homeland security interests. If law enforcement makes the request in a form other than in writing, the covered entity must document the request in writing, including name of officer and agency making the request.

Notification not required if covered entity determines misuse of covered info is not reasonably possible and provides documentation of determination to Attorney General or Dept. of Financial Regulation, as appropriate.

Subject to a law enforcement delay, must provide preliminary notice to the Attorney General (or Dept. of Financial Regulation if regulated by the Dept.) within 14 business days of discovery of the breach. Notice should include date of the breach (if known), date of discovery, and a preliminary description of the breach. This requirement is subject to certain limitations. When consumer notice is provided, the covered entity must provide follow up notice to the Attorney General or Department, as appropriate, identifying the number of Vermont residents affected, if known, and a copy of the consumer notice.

If more than 1,000 residents are notified, must notify all nationwide CRAs without unreasonable delay of timing, distribution and content of the consumer notice.

If you maintain covered info on behalf of another entity, you must notify them immediately following discovery of a breach.

Violations may result in civil penalties.