Law / United States / 
Wyoming
Breach of the security of a computerized data system, enforcement
Wyo. Stat. Ann. sec. 40-12-502(f)
In force since .
An enforcement supervision rule binding private bodies.
- Private right of action
- No
- Audit expectation
- none
What it requires
- Expect the Wyoming Attorney General, not a private plaintiff, to be the one who may bring an action over a breach-notification violation under this statute.
- Do not treat this as an explicit foreclosure. Wyoming's breach statute simply never characterizes a notice violation as a Consumer Protection Act violation, so that Act's own private right of action, Wyo. Stat. Ann. sec. 40-12-108, is never incorporated here, a different finding from an express bar.
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
- Open questions
- Does the Attorney General's authority under Wyo. Stat. Ann. sec. 40-12-502(f) 'to recover damages' reach civil penalties for a notice violation, or only the damages that affected residents sustained?
What it makes you log
Logging duty
Section 40-12-502(f) lets the Attorney General bring an action in law or equity over a violation of section 40-12-502, for other relief to ensure compliance and to recover damages, and says the section is not exclusive. It requires no log or record of any person and names no content fields, retention period, audit or person who may demand a record. The notice duty it enforces, in section 40-12-502(a), is a duty to investigate and notify and carries no record duty either. The subsection has no scope clause of its own; the establishment and residence tests sit in subsection (a), which this row does not cite.
- Kind
- None
- As of
What this law does
The Attorney General may bring an action in law or equity to address a violation of Wyoming's breach-notification statute and to recover damages; the provision is not exclusive and does not relieve a covered person from any other applicable law.
Unlike Pennsylvania's, South Dakota's, or West Virginia's equivalents, this statute contains no deeming clause characterizing a notice violation as a violation of Wyoming's general Consumer Protection Act, Wyo. Stat. Ann. secs. 40-12-101 to 40-12-116, so the indirect private-action route those states open is not opened at all here, rather than opened and then foreclosed.
The Consumer Protection Act does carry its own real private right of action, Wyo. Stat. Ann. sec. 40-12-108, arming a person relying on an uncured unlawful deceptive trade practice with an action for actual damages, but that right runs only to a violation under the Consumer Protection Act itself, and nothing in the breach statute invokes it.
No private right of action attaches to this instrument on that basis: an incorporating clause is absent, rather than an explicit foreclosure clause being present. Senate File 53 of the 2007 General Session created this subsection. That act is effective .
When LexLint raises it
When your app profile says your app processes personal data.
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