Definitions

As used in this Chapter:

(a)Breach of the security of a system means the unauthorized access and acquisition of unencrypted and unredacted computerized data that compromises the security or confidentiality of personal information maintained by an individual or entity as part of a database of personal COL 052809 CH. 48 NOTIFICATION OF BREACHES OF PERSONAL INFORMATION information regarding multiple individuals and that causes, or the individual or entity reasonably believes has caused or will cause, identity theft or other fraud to any resident of Guam. Good faith acquisition of personal information by an employee or agent of an individual or entity for the purposes of the individual or the entity is not a breach of the security of the system, provided, that the personal information is not used for a purpose other than a lawful purpose of the individual or entity or subject to further unauthorized disclosure.

(b)Entity includes corporations, business trusts, estates, partnerships, limited partnerships, limited liability partnerships, limited liability companies, associations, organizations, joint ventures, governments, governmental subdivisions, agencies, or instrumentalities, or any other legal entity, whether for profit or not-for-profit.

(c)Encrypted means transformation of data through the use of an algorithmic process into a form in which there is a low probability of assigning meaning without the use of a confidential process or key, or securing the information by another method that renders the data elements unreadable or unusable.

(d)Financial institution has the meaning given that term in Section 6809(3) of Title 15, United States Code.

(e)Individual means a natural person.

(f)Personal information means 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 Guam, when the data elements are neither encrypted nor redacted:

(1)Social Security number; (2 )Driver’s license number or Guam identification card number issued in lieu of a driver’s license; or

(3)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.

(4)The term does not include information that is lawfully obtained from publicly available information, or from Federal, State, COL 052809 CH. 48 NOTIFICATION OF BREACHES OF PERSONAL INFORMATION or local government records lawfully made available to the general public.

(g)Notice means:

(1)Written notice to the postal address in the records of the individual or entity;

(2)Telephone notice;

(3)Electronic notice; or

(4)Substitute notice, if the individual or the entity required to provide notice demonstrates that the cost of providing notice will exceed Ten Thousand Dollars ($10,000), or that the affected class of residents to be notified exceeds five thousand (5,000) persons, or that the individual or the entity does not have sufficient contact information or consent to provide notice as described in paragraphs 1, 2, or 3. Substitute notice consists of any two

(2)of the following:

(A)E-mail notice if the individual or the entity has e-mail addresses for the members of the affected class of residents;

(B)Conspicuous posting of the notice on the Website of the individual or the entity, if the individual or the commercial entity maintains a Website; and

(C)Notice to major Guam media.

(h)Redact means alteration or truncation of data such that no more than the following are accessible as part of the personal information:

(1)five

(5)digits of a Social Security Number, or

(2)The last four

(4)digits of a driver's license number, Guam identification card number or financial account number.