Breach Based on Harm Threshold: No
Deadline for Consumer Notice: Most expedient time possible and without unreasonably delay
Government Notification Required: No
Scope of this Summary:
Notification requirements applicable to persons and businesses that conduct business in the territory and 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.
Risk of Harm Threshold
Unauthorized acquisition that compromises the security, confidentiality, or integrity of covered info, excluding certain good-faith acquisitions by employees or agents.
Encryption Safe Harbor
Statute does not apply to information that is encrypted.
Form of Covered Information
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.
- Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account.
Consumer Notice Timing
Must be made in the most expedient time possible and without unreasonable delay, consistent with any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the system.
Consumer Notice Method
By written notice or electronic notice if consistent with E-SIGN. Substitute notice is available if certain criteria are satisfied.
Consumer Notice Content
Content not specified
Notification may be delayed if law enforcement determines notification will impede a criminal investigation.
The Virgin Islands statute does not require notice to any government or regulatory agencies.
Consumer Reporting Agency Notice
The Virgin Islands statute does not require notice to any Consumer Reporting Agencies.
Exceptions for Other Laws
A covered entity that notifies affected individuals of a breach according to the rules, regulations, procedures, or guidelines established by its primary or functional federal regulator is deemed in compliance with this statute's individual notification requirements.
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 Virgin Island Statute provides for a private right of action.
Violations may result in civil penalties.