HB1154: Identity theft; notification of breach of information system.

Chief Patron

Del. Scott Lingamfelter (R-31)

Status

Bill is Dead

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Summary

Database breach notification.  Requires an individual or a commercial entity that conducts business in Virginia and that owns or licenses computerized data that includes personal information to notify a resident of Virginia of any breach of the security of the system immediately following the discovery of a breach in which unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Notification must be made in good faith, in the most expedient time possible, and without unreasonable delay, consistent with the legitimate needs of law enforcement and with any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the computerized data system. The bill also contains alternative notification provisions. For a private civil action to recover damages, the award is triple the amount of actual damages plus reasonable attorney fees. The Office of the Attorney General may also bring an action in law or equity to address violations of this section and other appropriate relief.   View Full Text »