Most state breach notification laws require entities to notify affected individuals and/or regulators when there is unauthorized access to or acquisition of personal information that compromises its security, confidentiality, or integrity. However, some states provide exceptions to this requirement under certain conditions, such as:
If the data involved was encrypted or otherwise rendered unreadable or unusable, and the encryption key or other means of access was not compromised. This is based on the assumption that encrypted data is not accessible to unauthorized parties, even if they obtain the data.
If the entity was subject to and complied with another federal or state law that provides similar or greater protection and notification requirements, such as the GLBA Safeguards Rule or the HIPAA Breach Notification Rule. This is to avoid duplication or inconsistency of obligations for entities that are already regulated by other laws.
If the entity conducted a risk assessment and determined that there is no reasonable likelihood of harm to the affected individuals, based on factors such as the nature and extent of the data, the circumstances of the breach, the evidence of misuse, and the ability to mitigate the risk. This is to allow entities to exercise some discretion and judgment in evaluating the potential impact of the breach.
However, none of the state laws provide an exception for the mere access of data without exportation. Access alone is considered a breach that triggers the notification requirement, unless one of the other conditions applies. Therefore, option B is not a sufficient excuse for not providing breach notification under state law.
References:
[IAPP CIPP/US Study Guide], Chapter 9: State Data Security Laws, pp. 209-211.
CIPP/US Practice Questions (Sample Questions), Question 29.
