Sec. 141. Definitions
376 words·~2 min read·
/bill/115/s/2187/is/section-141A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this subtitle: The term breach of security means compromise of the security, confidentiality, or integrity of, or loss of, data in electronic form that results in, or there is a reasonable basis to conclude has resulted in, unauthorized access to or acquisition of personally identifiable information from a covered entity. The term breach of security does not include— a good faith acquisition of personally identifiable information by a covered entity, or an employee or agent of a covered entity, if the personally identifiable information is not subject to further use or unauthorized disclosure; any lawfully authorized investigative, protective, or intelligence activity of a law enforcement or an intelligence agency of the United States, a State, or a political subdivision of a State; or the release of a public record not otherwise subject to confidentiality or nondisclosure requirements.
The term data in electronic form means any data stored electronically or digitally on any computer system or other database, including recordable tapes and other mass storage devices. The term designated entity means the Federal Government entity designated by the Secretary of Homeland Security under section 143(a). The term identity theft means the unauthorized use of another person's personally identifiable information for the purpose of engaging in commercial transactions under the identity of such other person, including any contact that violates section 1028A of title 18, United States Code.
The term major credit reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis within the meaning of section 603(p) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(p) ). The term service provider means a person that provides electronic data transmission, routing, intermediate and transient storage, or connections to its system or network, where the person providing such services does not select or modify the content of the electronic data, is not the sender or the intended recipient of the data, and does not differentiate personally identifiable information from other information that such person transmits, routes, or stores, or for which such person provides connections.
Any such person shall be treated as a service provider under this subtitle only to the extent that it is engaged in the provision of such transmission, routing, intermediate and transient storage, or connections.
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