Keyword Analysis & Research: data breach notification obligation


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When must a breach be reported to the US computer?

When must a breach be reported to US Computer Emergency Readiness Team? Report all cyber-related incidents involving the actual or suspected breach/compromise of PII within one hour of discovery to the United States Computer Emergency Readiness Team (US-CERT) by completing and submitting the US-CERT report at https://www.us-cert.gov/forms/report.

When is a breach notification not required?

Thus, with respect to an impermissible use or disclosure, a covered entity (or business associate) should maintain documentation that all required notifications were made, or, alternatively, documentation to demonstrate that notification was not required: (1) its risk assessment demonstrating a low probability that the protected health information has been compromised by the impermissible use or disclosure; or (2) the application of any other exceptions to the definition of “breach.”


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