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A North Carolina licensee suffers a 2026 breach requiring no consumer notification. Under 04 NCAC 03M .0402(a), is the Commissioner-copy obligation tied to a notification required by the identity theft protection statute?

Correct Answer

A) The duty is to provide a copy of any notification that is required

The rule requires the licensee within one business day to provide to the Commissioner a copy of any notification that is required pursuant to the identity theft protection statute, so the obligation is keyed to that notification. Other choices: no separate narrative report is prescribed; and no affected-person count or file-type condition appears. Source: 04 NCAC 03M .0402(a)

Answer Options
A
The duty is to provide a copy of any notification that is required
B
A report must still be filed with the Commissioner describing the breach, because the rule is written to keep the regulator informed of incidents of this kind
C
The duty arises only where more than 1,000 residents are affected
D
The duty arises only where the breach involved loan files

Why This Is the Correct Answer

The rule requires the licensee within one business day to provide to the Commissioner a copy of any notification that is required pursuant to the identity theft protection statute, so the obligation is keyed to that notification. Other choices: no separate narrative report is prescribed; and no affected-person count or file-type condition appears. Source: 04 NCAC 03M .0402(a)

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