(1) For purposes of this section: (a) Cybersecurity event means an event resulting in unauthorized access to, or disruption or misuse of, an information system or nonpublic information stored on an information system; (b) Information system means: (i) A discrete set of electronic information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of electronic nonpublic information; or (ii) A specialized system, including an industrial or process control system, a telephone switching and private branch exchange system, and an environmental control system; (c) Nonpublic information means information that is not publicly available and concerns a person that, because of a name, number, personal mark, or other identifier, can be used to identify such person, in combination with the following: (i) A social security number; (ii) A driver's license number or state identification card number; (iii) A financial account number or credit or debit card number; (iv) A security code, access code, or password that would permit access to such person's financial accounts; or (v) Any biometric record; (d) Private entity means a corporation, religious or charitable organization, association, partnership, limited liability company, limited liability partnership, or other private business entity, whether organized for-profit or not-for-profit; and (e) Publicly available information means information that is lawfully made available through federal, state, or local government records or information that a private entity has a reasonable basis to believe is lawfully made available to the general public. (2) A private entity shall not be liable in a class action resulting from a cybersecurity event unless the cybersecurity event was caused by willful, wanton, or gross negligence on the part of the private entity.
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