Catalog / Publishes adult content / LXD-6002

Publishes adult content, in Alabama

Data Breach Notification Act, reasonable security measures and disposal of recordssince 2 lines

Ala. Code secs. 8-38-3, 8-38-10 · Read the law's page

  • Implement and maintain reasonable security measures to protect sensitive personally identifying information against a breach of security. The measures required are those practicable for the entity, including consideration of: designating an employee or employees to coordinate the effort, identifying internal and external risks, adopting and assessing information safeguards, retaining service providers contractually required to maintain appropriate safeguards, evaluating and adjusting the measures for changed circumstances, and keeping management, including the board of directors where one exists, informed of the overall status of the measures. An assessment of the entity's security looks at its measures as a whole, emphasizing failures that are multiple or systemic, and weighs the entity's size, the amount and type of information and activities, and its cost of the measures relative to its resources.
  • Take reasonable measures to dispose, or arrange for the disposal, of records containing sensitive personally identifying information within its custody or control once the records are no longer to be retained, by shredding, erasing, or otherwise modifying the information to make it unreadable or undecipherable through any reasonable means consistent with industry standards.
  • This binds any covered entity (a person, sole proprietorship, partnership, government entity, corporation, nonprofit, trust, estate, cooperative association, or other business entity that acquires or uses sensitive personally identifying information of an Alabama resident) and any third-party agent it contracts with to maintain, store, process, or access that information. An entity already subject to and complying with a federal or state data-breach-notification regime at least as thorough as this chapter is exempt from the entire chapter.
  • There is no private right of action for a violation of either duty. Only the Attorney General may bring an action for civil penalties under the chapter, and the chapter's only stated civil-penalty amounts (up to $500,000 per breach, or $5,000 per day) are tied expressly to a violation of the chapter's separate notification provisions, not to this reasonable-security-measures or disposal duty; no distinct penalty figure is stated for either duty. The Attorney General may also sue for actual damages on behalf of named individuals (Section 8-38-9(b)(2)), and may sue a state, county or municipal official or employee to compel performance of the official's duties under the chapter, while government entities themselves are exempt from civil penalties (Section 8-38-9(b)(6)).
HB164, age verification for material harmful to minorssince 3 lines

Ala. Code § 8-19G-1 et seq. · Read the law's page

  • Applies to a commercial entity whose website is more than one third sexual material harmful to minors.
  • Use a reasonable age verification method to ensure visitors are 18 or older.
  • Do not retain identifying information after access is granted.
Alabama Child Protection Act of 2024, AI-Generated Child Sexual Abuse Materialsince 4 lines

Ala. Code §§ 13A-12-190 to 13A-12-197 (as amended by Act 2024-98, HB 168, 2024 Regular Session) · Read the law's page

  • Do not knowingly disseminate or publicly display child sexual abuse material, including a virtually indistinguishable depiction created, altered, or produced by digital or computer-generated means; this is a Class B felony.
  • Do not knowingly advertise, promote, present, distribute, or solicit by any means material that reflects, or is intended to cause the belief, that it depicts an actual minor engaged in sexually explicit conduct; this is also a Class B felony.
  • Do not knowingly possess child sexual abuse material with intent to disseminate it (a Class B felony) or possess it at all (a Class C felony).
  • If you are a parent or guardian, do not knowingly permit or allow a child, ward, or dependent under 18 to be used in producing child sexual abuse material; this and producing the material yourself are each a Class A felony.

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 2,
    • Data Breach Notification Act, reasonable security measures and disposal of records: 2 lines reworded
  2. Revision 1, : the entry was first published.

See also

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