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Code · BILL · 115th Congress · S. 2124 (Introduced in Senate) — To ensure the privacy and security of sensitive personal information, to prevent and mitigate identity theft, to prov... · Sec. 212

Sec. 212. Exemptions

193 words·~1 min read·/bill/115/s/2124/is/section-212

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Section 211 shall not apply to a covered entity if a Federal law enforcement agency or intelligence agency— determines that notification of the security breach— could be expected to reveal sensitive sources and methods or similarly impede the ability of the Government to conduct law enforcement investigations; or could be expected to cause damage to the national security; communicates the determination made under subparagraph
(A)to the covered entity; and orders that notification required under section 211 not be made. No nonconstitutional cause of action shall lie in any court against any Federal agency for acts relating to the exemption from notification for law enforcement or national security purposes under this title. A covered entity shall be exempt from the notice and identity theft prevention and mitigation service requirements under section 211 if the covered entity reasonably determines that sensitive personally identifiable information is rendered unusable, unreadable, or indecipherable through data security technology or methodology, including encryption or redaction, that is generally accepted by experts in the field of information security, such that there is no reasonable likelihood that a security breach has resulted in, or will result in, the misuse of data.
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