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How to Comply with Iowa Data Breach Laws

Iowa recently added provisions to their data breach notification laws. Now businesses must alert consumers of the breach in the “most expeditious manner possible,” and notify the Iowa attorney general within five business days if a data breach affects 500 or more people. The legislature also expanded the protection of personal information so that any stolen data – including paper records – can qualify as a breach. Noncompliance can result in fines up to $40,000 plus damages.

Name of Law / Statute

N/A

Definition of Protected Information

Combination of (1) name or other identifying info, PLUS (2) one or more of these "data" elements: SSN; driver's license number; or account number, credit card number, debit card number if accompanied by PIN, password, or access codes, PLUS personal biometric data (like fingerprint or retina scan); includes paper copies

Who Is Subject to Law?

Any person who owns or licenses computer data containing PI

Notification of Consumers?

Yes

By what means?

Written or electronic; notice must include contact info of credit agencies, description of breach, and other specific info

Substitute Notice Threshold?

If cost of notice >$250,000 or involves >350k residents

Notification of authorities / regulators required?

Yes if >500 residents and determination of probable harm to consumers (per amendment by S.F. 2259); must be within five days of consumer notification

By what means?

Written

Regulatory Fines

No (civil action by AG)

Credit monitoring requirement?

No

Private lawsuits allowed?

No

Private damages cap?

N/A

Regulatory actions allowed?

Yes ($40K per violation + damages, costs, fees)

HIPAA Compliance exemption?

N/A

Other  (e.g., timeframe)

Law does not apply if PI was encrypted or redacted or otherwise secured

Link to complete law

http://coolice.legis.iowa.gov/cool-ice/default.asp?category=billinfo&service=iowacode&ga=83&input=715C

Read the full text of Iowa’s data breach law to learn more.

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