Section 8-39-2 – Definitions.
Section 8-39-2 Definitions. For purposes of this chapter, the following terms shall have the following meanings: (1) ASSISTIVE DEVICE. a. Any device, that costs five thousand dollars ($5,000) or more, including a demonstrator that a consumer purchases or accepts transfer of in this state which is used for a major life activity. The term is […]
Section 8-39-3 – Reporting and Repair of Assistive Device With a Noncomformity.
Section 8-39-3 Reporting and repair of assistive device with a noncomformity. (a) If an assistive device covered by an applicable express warranty exhibits a nonconformity, the consumer or the agency shall do both of the following: (1) Report the nonconformity to the manufacturer, the assistive device lessor, or any of the authorized assistive device dealers […]
Section 8-39-4 – Refund or Replacement for Assistive Device With a Non Comformity.
Section 8-39-4 Refund or replacement for assistive device with a non comformity. (a) If the manufacturer, dealer, or lessor either refuses to accept a device that a consumer makes available for repairs or makes a reasonable attempt to repair, but the nonconformity is not actually repaired, the manufacturer shall be required to provide a refund […]
Section 8-39-5 – Applicability of Chapter.
Section 8-39-5 Applicability of chapter. This chapter does not apply to any of the following: (1) Disposable assistive devices with a useful life of one year or less. (2) Batteries or nonfunctional accessories. (3) Assistive devices dispensed, sold, injected, or implanted by a licensed physician, licensed physician assistant, or any individual working with or for […]
Section 8-38-2 – Definitions.
Section 8-38-2 Definitions. For the purposes of this chapter, the following terms have the following meanings: (1) BREACH OF SECURITY or BREACH. The unauthorized acquisition of data in electronic form containing sensitive personally identifying information. Acquisition occurring over a period of time committed by the same entity constitutes one breach. The term does not include […]
Section 8-39-6 – Rights and Remedies of Consumer.
Section 8-39-6 Rights and remedies of consumer. (a) This chapter shall not limit rights or remedies available to a consumer under any other law. (b) Any waiver of rights by a consumer under this chapter shall be void. (c) In addition to pursuing any other remedy, a consumer may bring an action to recover any […]
Section 8-38-3 – Reasonable Security Measures; Assessment.
Section 8-38-3 Reasonable security measures; assessment. (a) Each covered entity and third-party agent shall implement and maintain reasonable security measures to protect sensitive personally identifying information against a breach of security. (b) Reasonable security measures means security measures practicable for the covered entity subject to subsection (c), to implement and maintain, including consideration of all […]
Section 8-38-4 – Investigation of Security Breach.
Section 8-38-4 Investigation of security breach. (a) If a covered entity determines that a breach of security has or may have occurred in relation to sensitive personally identifying information that is accessed, acquired, maintained, stored, utilized, or communicated by, or on behalf of, the covered entity, the covered entity shall conduct a good faith and […]
Section 8-38-5 – Notice of Security Breach – Individuals Affected.
Section 8-38-5 Notice of security breach – Individuals affected. (a) A covered entity that is not a third-party agent that determines under Section 8-38-4 that, as a result of a breach of security, sensitive personally identifying information has been acquired or is reasonably believed to have been acquired by an unauthorized person, and is reasonably […]
Section 8-38-6 – Notice of Security Breach – Attorney General.
Section 8-38-6 Notice of security breach – Attorney General. (a) If the number of individuals a covered entity is required to notify under Section 8-38-5 exceeds 1,000, the entity shall provide written notice of the breach to the Attorney General as expeditiously as possible and without unreasonable delay. Except as provided in subsection (c) of […]