Common use of Law Enforcement Exception to Breach Notification Clause in Contracts

Law Enforcement Exception to Breach Notification. Notwithstanding Section 8.12 above, if a Participant Member is notified, in writing or by oral statement by any law enforcement official, or other applicable governmental agency (e.g. Federal Trade Commission), that a Breach notification would impede a criminal investigation or cause damage to national security, and the statement has been documented consistent with 45 CFR 164.412(b), then the Participant Member shall delay the Breach notification for the time period specified by the law enforcement official.

Law Enforcement Exception to Breach Notification. Notwithstanding Section 8.12 7.12 above, if a Participant Member is notified, notified in writing or by oral statement by any law enforcement official, official or other applicable governmental agency (e.g. Federal Trade Commission), that a Breach notification would impede a criminal investigation or cause damage to national security, and the statement has been documented consistent with 45 CFR 164.412(b), then the Participant Member shall delay the Breach notification for the time period specified by the law enforcement official.