QuestionQ208

Workplace Privacy

What response should be provided to the Chief Financial Officer’s question?

  • A "No, we do not have to provide a free credit monitoring offer since our breach notification obligations under HIPAA supersede state breach notification laws."
  • B "No. we do not have to provide a free credit monitoring offer since the impacted information did not include social security numbers."
  • C "Yes, we must include a free credit monitoring offer since this incident involves credit card information."
  • D ''Yes, all breach notices must include a free credit monitoring offer."
Explanation

Compromised credit-card information can create breach-notification obligations, but it does not by itself require a free credit-monitoring offer. Credit-monitoring mandates are jurisdiction-specific; Massachusetts, for example, requires an offer when a resident’s Social Security number was compromised and states that no such service is required when no Social Security number was compromised.

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