Quick Facts
Breach Based on Harm Threshold: Yes
Deadline for Consumer Notice: Without unreasonable delay
Government Notification Required: No
Scope of this Summary:
Notification requirements applicable to persons and entities that own, license, or maintain covered info. Some types of businesses may be exempt from some or all of these requirements, and non-commercial entities may be subject to different requirements.
Risk of Harm Threshold
Notification not required if acquisition of covered info does not cause, or covered entity does not reasonably believe has caused or will cause, identity theft or other fraud to a Guam resident.
Breach Defined
Unauthorized access and acquisition that compromises the security or confidentiality of the covered info, excluding certain good-faith acquisitions by employees or agents.
Encryption Safe Harbor
Statute does not apply to information that is encrypted or redacted.
Form of Covered Info
Electronic Only
Covered Info
The first name or first initial and last name in combination with and linked to any one or more of the following data elements:
- Social Security number.
- Driver's license number or Guam identification card number issued in lieu of a driver's license.
- Financial account number, or credit card or debit card number, in combination with any required security code, access code, or password that would permit access to a resident's financial accounts.
Consumer Notice Timing
Must be without unreasonable delay, consistent with any measures necessary to determine the scope of the breach and to restore the reasonable integrity of the system.
Consumer Notice Method
By written notice to postal address in covered entity's records, telephone notice, or electronic notice. Substitute notice is available if certain criteria are satisfied.
Consumer Notice Content
Content of notice undefined.
Delayed Notice
Notification may be delayed if law enforcement determines and advises that notification will impede a criminal or civil investigation, or homeland or national security.
Government Notice
N/A
Exceptions for Other Laws
An entity that complies with the notification requirements or procedures pursuant to the rules, regulations, procedures, or guidelines established by the entity's primary or functional federal regulator shall be in compliance.
Consumer Reporting Agency Notice
N/A
Third-Party Notice
If you maintain covered info on behalf of another entity, you must notify it as soon as practicable following discovery of a breach.
Private Right of Action
The Guam statute does not provide for a private right of action.
Potential Penalties
Violations may result in civil penalties.
This summary is for informational purposes only. It provides general information and not legal advice or opinions regarding specific facts. Additional requirements or conditions may apply to any or all provisions referenced herein. For more information about the state data breach notification laws or other data security matters, please seek the advice of counsel.
Last revised on June 15, 2023