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Virginia State Security Breach Laws 

Published February 11, 2011

Senate Bill 307

Virginia Code Annotated § 18.2-186.6

Effective Date: July 1, 2008

Definition of Personal Information: The first name or first initial and last name in combination with and linked to any one or more of the following data elements that relate to a resident of the Commonwealth, when the data elements are neither encrypted nor redacted:

(a) Social security number;
(b) Driver's license number or state identification card number issued in lieu of a driver’s license number; or
(c) Financial account number, or credit card or debit card number, in combination with any required security code, access code, or password that would permit access to a resident’s financial accounts.

Summary: If unencrypted or unredacted personal information was or is reasonably believed to have been accessed and acquired by an unauthorized person and causes, or the individual or entity reasonably believes has caused or will cause, identity theft or another fraud to any resident of the Commonwealth, an individual or entity that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach of the security of the system to the Office of the Attorney General and any affected resident of the Commonwealth without unreasonable delay.

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