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Wyoming Data Breach Statute

 

Wyo. Stat. Ann. §§ 40-12-501 to -502

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Quick Facts

Breach Based on
Harm Threshold

Deadline for
Consumer Notice

Government
Notification Required

YES

Most expedient time possible
without unreasonable delay

NO

 

More Details

Scope of this Summary Notification requirements applicable to commercial 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 number; account, credit or debit card number in combination with any security code, access code or password that would allow access to a person’s financial account; tribal, or federal or state government-issued identification card; shared secrets or security tokens known to be used for data based authentication; username or email address, in combination with a required password or security question and answer; birth or marriage certificate; medical information; health insurance info; unique biometric info; or a taxpayer identification number.
Form of Covered Info Electronic Only
Encryption Safe Harbor Statute does not apply to information where data elements are redacted.
Breach Defined Unauthorized acquisition that materially 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 the most expedient time possible without unreasonable delay following determination that covered info has been or will be misused, consistent with any measures to determine the scope of the breach and to restore the reasonable integrity of the system.

Content: Notice must be clear and consistent and include at minimum: toll-free number for covered entity or its agent, and where consumer can learn the toll-free numbers and addresses for the major CRAs; types of covered info reasonably believed to be subject to breach; a general description of the breach; the approximate date of the breach, if known; the covered entity’s general actions to guard against further breach; advice for resident to remain vigilant by reviewing account statements and monitoring credit reports; and whether notice was delayed due to law enforcement.

Method: By written notice or e-mail notice. Substitute notice is available if certain criteria are satisfied.
Delayed Notice Notification may be delayed if law enforcement determines in writing that notification may seriously impeded a criminal investigation.
Harm Threshold Notification not required if, after a reasonable and prompt investigation, covered entity determines that misuse of covered info about a Wyoming resident has not occurred and is not likely to occur.
Third-Party Notice If you maintain covered info on behalf of another entity, you must notify them as soon as practicable following determination 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