Wyoming

Who Is Covered?

An individual or commercial entity that conducts business in Wyoming and that owns or licenses computerized data that includes personal identifying information about a resident of Wyoming. Wyo. Stat. Ann. § 40-12-502(a).

What Information Is Protected?

“Personal identifying information” means the first name or first initial and last name of a person in combination with one or more of the following data elements when the data elements are not redacted:

  1. Social security number;
  2. Driver’s license number;
  3. Account number, credit card number or debit card number in combination with any security code, access code or password that would allow access to a financial account of the person;
  4. Tribal identification card;
  5. Federal or state government issued identification card;
  6. Shared secrets or security tokens that are known to be used for data based authentication;
  7. A username or email address, in combination with a password or security question and answer that would permit access to an online account;
  8. A birth or marriage certificate;
  9. Medical information, meaning a person’s medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional;
  10. Health insurance information, meaning a person’s health insurance policy number or subscriber identification number or any unique identifier used by a health insurer to identify the person or information related to a person’s application and claims history;
  11. Unique biometric data, meaning data generated from measurements or analysis of human body characteristics for authentication purposes;
  12. An individual taxpayer identification number. Wyo. Stat. Ann. §§ 40-12-501(a)(vii); 6-3-901(b)(iii)-(xiv).

What Is A “Breach”?

“Breach of the security of the data system” means unauthorized acquisition of computerized data that materially compromises the security, confidentiality or integrity of personal identifying information maintained by a person or business and causes or is reasonably believed to cause loss or injury to a resident of this state. Good faith acquisition of personal identifying information by an employee or agent of a person or business for the purposes of the person or business is not a breach of the security of the data system, provided that the personal identifying information is not used or subject to further unauthorized disclosure. Wyo. Stat. Ann. § 40-12-501(a)(i).

What Triggers Notification?

A determination that the misuse of personal identifying information about a Wyoming resident has occurred or is reasonably likely to occur, following a reasonable and prompt investigation to determine the likelihood that personal identifying information has been or will be misused. Wyo. Stat. Ann. § 40-12-502(a).

How Is Notice Provided To Individuals?

Timing: Notice must be given as soon as possible to the affected Wyoming resident. Notice must be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement and consistent with any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the computerized data system. Wyo. Stat. Ann. § 40-12-502(a).

Delivery: Notice may be by:

  1. Written notice;
  2. Electronic mail notice;
  3. Substitute notice, if the person demonstrates: a) That the cost of providing notice would exceed $10,000 for Wyoming-based persons or businesses, and $250,000 for all other businesses operating but not based in Wyoming; b) That the affected class of subject persons to be notified exceeds 10,000 for Wyoming-based persons or businesses and 500,000 for all other businesses operating but not based in Wyoming; or c) The person does not have sufficient contact information.

Substitute notice must include all of the following:

  1. Conspicuous posting of the notice on the Internet, the World Wide Web or a similar proprietary or common carrier electronic system site of the person collecting the data, if the person maintains a public Internet, the World Wide Web or a similar proprietary or common carrier electronic system site; and
  2. Notification to major statewide media. The notice to media shall include a toll-free phone number where an individual can learn whether or not that individual’s personal data is included in the security breach. Wyo. Stat. Ann. § 40-12-502(d).

Content: Notice must be clear and conspicuous and shall include, at a minimum:

  1. A toll-free number: a) That the individual may use to contact the person collecting the data, or his agent; and b) From which the individual may learn the toll-free contact telephone numbers and addresses for the major credit reporting agencies.
  2. The types of personal identifying information that were or are reasonably believed to have been the subject of the breach;
  3. A general description of the breach incident;
  4. The approximate date of the breach of security, if that information is reasonably possible to determine at the time notice is provided;
  5. In general terms, the actions taken by the individual or commercial entity to protect the system containing the personal identifying information from further breaches;
  6. Advice that directs the person to remain vigilant by reviewing account statements and monitoring credit reports;
  7. Whether notification was delayed as a result of a law enforcement investigation, if that information is reasonably possible to determine at the time the notice is provided. W.S. 6-3-901(b)(iii) through (xiv).

Is Notice To The Government Required?

No.

Is Notice To Credit Reporting Agencies Required?

No.

Are There Security Measure Standards?

No.

What Are The Possible Consequences Of A Violation?

The attorney general may bring an action in law or equity to address any violation of this section and for other relief that may be appropriate to ensure proper compliance with this section, to recover damages, or both. Wyo. Stat. Ann. § 40-12-502(f).

Are There Any Exemptions/Exceptions?

Any financial institution as defined in 15 U.S.C. 6809 or federal credit union as defined by 12 U.S.C. 1752 that maintains notification procedures subject to the requirements of 15 U.S.C. 6801(b)(3) and 12 C.F.R. Part 364 Appendix B or Part 748 Appendix B, is deemed to be in compliance with this section if the financial institution notifies affected Wyoming customers in compliance with the requirements of 15 U.S.C. 6801 through 6809 and 12 C.F.R. Part 364 Appendix B or Part 748 Appendix B. Wyo. Stat. Ann. § 40-12-502(c).