Washington Code 63.30.870 – Security breach
Current as of: 2023 | Check for updates
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(1) Except to the extent prohibited by law other than this chapter, the administrator or administrator’s agent shall notify a holder as soon as practicable of:
Terms Used In Washington Code 63.30.870
- Fraud: Intentional deception resulting in injury to another.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(a) A suspected loss, misuse, or unauthorized access, disclosure, modification, or destruction of confidential information obtained from the holder in the possession of the administrator or an administrator’s agent; and
(b) Any interference with operations in any system hosting or housing confidential information which:
(i) Compromises the security, confidentiality, or integrity of the information; or
(ii) Creates a substantial risk of identity fraud or theft.
(2) Except as necessary to inform an insurer, attorney, investigator, or others as required by law, the administrator and an administrator’s agent may not disclose, without the express consent in a record of the holder, an event described in subsection (1) of this section to a person whose confidential information was supplied by the holder.
(3) If an event described in subsection (1) of this section occurs, the administrator and the administrator’s agent shall:
(a) Take action necessary for the holder to understand and minimize the effect of the event and determine its scope; and
(b) Cooperate with the holder with respect to:
(i) Any notification required by law concerning a data or other security breach; and
(ii) A regulatory inquiry, litigation, or similar action.