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Iowa Data Breach Statute

 

Iowa Code §§ 715C.1-2

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Quick Facts

Breach Based on
Harm Threshold

Deadline for
Consumer Notice

Government
Notification Required

YES

Most expedient time possible and without
unreasonable delay

YES, if >500 residents notified

 

More Details

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.
Covered Info First name or first initial and last name, plus: Social Security number; driver's license or other government-issued unique identification number; financial account, credit or debit card number, unique electronic identifier, or routing code in combination with any required expiration date, security or access code, or password that would permit access to a resident's financial account; or unique biometric data.
Form of Covered Info Electronic or Paper (if printed from a computerized form)
Encryption Safe Harbor Statute does not apply to information that is encrypted, redacted or otherwise altered by any method or technology in such a way that the it is unreadable, so long as the encryption key was not accessed or acquired.
Breach Defined Unauthorized acquisition that compromises the security, confidentiality or integrity of the covered info, excluding certain good-faith acquisitions by employees or agents.
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.

Content: Notice must include a description and approximate date of the breach, contact info for CRAs, and advise to the consumer to report suspected incidents of identity theft to local law enforcement or the Attorney General.

Method: By written notice or electronic notice (if it is the customary method of communication with the consumer or is consistent with Iowa Code ch 554D and E-SIGN). Substitute notice is available if certain criteria are satisfied.
Delayed Notice 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.
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.
Government Notice 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.
Third-Party Notice If you maintain covered info on behalf of another entity, you must notify them immediately following discovery of a 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 March 26, 2018