SECTION 1. Subsection (a)(2) of section 3 of chapter 93H of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after “was acquired or used by an unauthorized person or used for an unauthorized purpose” the following text: “that creates a substantial risk of identity theft or fraud”.
SECTION 2. Said subsection (b)(2) of said section 3 of said chapter 93H , as appearing,, is hereby further amended by inserting after “was acquired or used by an unauthorized person or used for an unauthorized purpose” the following text: “that creates a substantial risk of identity theft or fraud”.
SECTION 3. Said subsection (b) of said section 3 of said chapter 93H, as so appearing, is hereby further amended by striking out the last paragraph and inserting in place thereof the following paragraph:-
The notice to be provided to the resident shall include, but shall not be limited to: (i) the resident’s right to obtain a police report; (ii) how a resident may request a security freeze and the necessary information to be provided when requesting the security freeze; (iii) that there shall be no charge for a security freeze; and (iv) mitigation services to be provided pursuant to this chapter; provided, however, that said notice shall not include the nature of the breach of security or unauthorized acquisition or use, or the number of residents of the commonwealth affected said breach of security or unauthorized access or use. The person or agency that experienced the breach of security shall provide a sample copy of the notice it sent to consumers to the attorney general and the office of consumer affairs and business regulation.
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