Data Security Breach Notification Laws: Individual Privacy in Virginia

This lab report examines the data security breach notification laws implemented by the state government of Virginia and how they relate to individual privacy protection. The report explores the legal framework designed to safeguard personal information, including the notification process for security breaches and the rights afforded to citizens. It outlines the specific requirements for organizations regarding data breach disclosure, record retention, and data protection. The report also addresses the implementation of these laws, highlighting the government's role in protecting residents' private information and encouraging security programs. Furthermore, it discusses the rights of individuals concerning privacy protection, detailing the circumstances under which breach notifications are required and the potential penalties for non-compliance. The report includes references to relevant legal sources and provides an overview of the key aspects of Virginia's data security breach notification laws and their implications for individuals.

Lab Report

Table of Contents
How data security breach notification laws of state government relate to individual privacy................2
Implementation of data security breach notification laws by government.............................................3
Privacy protection rights of a citizen.....................................................................................................3
References.............................................................................................................................................5
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How data security breach notification laws of state government related to individual
privacy
The data security breach notification law of the government of the state protects the privacy
of an individual. The laws have been designed for protecting the personal information of a
resident of Virginia. The laws have been developed to notify the victims about the security
breach. Individual privacy is being protected by safeguarding the information that can be
used in determining fraud/theft by forcing the organization to face penalties or punishment or
protect the information. The organizations should disclose immediately the data breach to the
customers (Lis, 2018).
Virginia consists of two breach notification laws that are a general statue and la related to the
health care information. Most of the states in Virginia have general data breach statues which
directs how the organizations are needed to respond. The statue consists of the following:
 Specific techniques of the notification delivery;
 The owners of data are responsible for the notifications and reporting;
 The notification can be needed to the consumer reporting agencies, state attorney
general and commissioner of health;
 The laws also cover record retention and data protection;
 Other industry regulation, federal laws and other state laws can also be applicable.
The "medical information" is referred to the first initial or name and last name of a person
with an arrangement and related to one or more elements of the data that are associated with
the citizen of the commonwealth. It is done when the elements of data are neither redacted
nor encrypted:
 Any information associated with mental or medical health history, medical diagnosis
or treatment and the physical or mental condition of an individual.
 A subscriber identification number or health insurance policy number of an
organization. Apart from this, any unique identifier which is being used by the health
insurer for determining information or the individual in the claims and application
history consisting of any appeals records.
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Implementation of data security breach notification laws
The data security breach notification laws have been implemented in response to the
increasing number of breaches of the database which contains personal identifiable
information of the customers. The state government shows that they are making efforts and
taking an active role to protect the private information of the residents. The state government
requires government agencies and businesses to notify people affected by the breaches
consisting of their sensitive personal information. The government also encourages
implementation of the information security programmes to protect the privacy, integrity of
data and security. The protection of data and information is considered to be a major concern
for both the individuals and the government of the country. The government of Virginia has
also implemented the data security breach notification laws for the protection of crucial
information of the citizens.
Privacy protection rights
The data breach notification law in Virginia assists in protecting the information and data of
individuals. If unpredicted or unencrypted individual’s personal information have been
obtained and used by an unauthorized individual and it is found to be a fraud or identify theft
of the personal information of an individual then the entity or individual that licenses data or
owns should disclose the breach of security. The following system is referred to the
notification or discovery of the breach of the security which is being informed to the office of
Attorney General. Notice is needed that can be delayed for allowing the entity or individual
for identifying the extent of security breach of the system and reinstating the integrity of
system (Prohipaa, 2018).
An individual or organization should reveal the security breach if it is found that the
encrypted data or information is acquired and accessed in the unencrypted form. An entity or
individual maintaining computerized data consisting of personal information that does not
license or own should notify the licensee or owner of the information on the security breach
of system. Thus, the personal information is acquired and accessed by the illicit organization
or person then it is considered that the personal data or information is acquired and accessed
by the unauthorized individual. The entity or individual providing notice to more than one
thousand individual at one time then the entity or individual should information without any
delay and the consumer reporting organizations should maintain and compile files on the
customers as explained in the 15 U.S.S 1681a (p). The office of the Attorney General has the
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legal right to impose the civil penalties not more than $150000 on each breach of the security
data.
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References
Lis. (2018). § 18.2-186.6. Breach of personal information notification. Retrieved from
https://law.lis.virginia.gov/vacode/title18.2/chapter6/section18.2-186.6/
Prohipaa. (2018). Data Breach Notification Law in Virginia - ProHIPAA Blog. Retrieved
from https://www.prohipaa.com/blog/data-breach-laws/virginia/
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