Security breach.

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  • (1) Except to the extent prohibited by law other than in this chapter, the administrator or the administrator's agent shall notify a holder as soon as practicable of:
    • (a) a suspected loss, misuse, unauthorized access, disclosure, modification, or destruction of confidential information obtained from the holder in the possession of the administrator or the administrator's agent; and
    • (b) any interference with operations in any system hosting or housing confidential information that:
      • (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 the administrator's agent may not disclose, without the express consent in a record of the holder, an event described in Subsection (1) to a person whose confidential information was supplied by the holder.
  • (3) If an event described in Subsection (1) 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 the event's 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.




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