QuestionQ157

State Privacy Laws

Nearly every state has a data-breach notification law that uses a “compromise standard” to determine when notice is required. Which of the following best explains what a “compromise” means under this framework?

  • A Compromise is defined by the degree to which the affected individuals suffered actual harm or had substantial risk of actual harm.
  • B Compromise is defined by the case law in the jurisdiction and is typically based on the totality of the circumstances.
  • C Compromise means that personally identifiable information was wrongfully accessed by third parties.
  • D Compromise means that the confidentiality, security, or integrity of the information was violated.
Explanation

A compromise exists when the confidentiality, security, or integrity of protected information has been violated. This standard focuses on the loss or violation of the information’s protection, rather than requiring demonstrated harm to affected individuals.

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