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governing the control and use of an individual's <br />personal and confidential information, including <br />any regulations promulgated thereunder; and <br />3. protected health information as defined by the <br />Health Insurance Portability and Accountability <br />Act of 1996 (Public Law 104-191) ("HIPPA") or <br />the Health Information Technology for <br />Economic and Clinical Health Act of 2009 <br />("HITECH") (Public Law 111-5), as amended, <br />and any regulations promulgated thereto. <br />Personally Identifiable Information does not mean <br />information that is available to the public unless such <br />information is otherwise protected by law. <br />Privacy Breach means the misappropriation, theft, loss of, unauthorized <br />access, inadvertent disclosure or public exposure of <br />Personally Identifiable Information. Privacy Breach <br />does not mean a situation where Personally Identifiable <br />Information is deliberately disclosed or sold to a third <br />party with the knowledge and consent of Key <br />Personnel. <br />Privacy Breach Expense means the reasonable and necessary expenses listed in <br />(1) through (9) below resulting from a Privacy Breach <br />and incurred by the Named Insured or its Subsidiary, <br />as applicable, within one (1) year of the reporting of <br />such Privacy Breach to the Company. Such expenses <br />must result from a Privacy Breach at the Named <br />Insured or its Subsidiary, as applicable, or must be <br />assumed under a written contract or agreement by the <br />Named Insured or its Subsidiary: <br />1. Development of a plan to assist the Named <br />Insured or its Subsidiary, as applicable, in <br />responding to a Privacy Breach; and <br />2. Development, printing, and mailing of legally <br />required notification letters to those affected by a <br />Privacy Breach; and <br />3. Development, printing and mailing of non - <br />legally required notification letters at the <br />Company's discretion, to those affected by a <br />Privacy Breach when such Privacy Breach <br />poses a significant risk of financial, reputational <br />or other harm to the individual(s); and <br />4. Public relations or crisis management services <br />retained for the Named Insured, or its <br />Subsidiary, as applicable, after notification <br />SP 298 (12-17) <br />RAManaeemadDMsisn <br />;�, i �twY.:n.e F.. V�4tFM1PEG <br />RukManagem nt Malys[ <br />