Editing Breach

== Definitions ==

=== Contract law ===

''See'' [[Breach of contract]]

=== General ===

A '''breach''' is

{{Quote|[the e]ffect of or deteriorating resulting from an act of aggression or [[attack]] whose impact may be: tangible (physical or material alteration, logic malfunction, disorganization of procedures, etc.); [[logical]] (non-availability, loss of [[integrity]], [[breach of confidentiality]]); strategic (in particular as concerns finance, additional costs for [[hosting]], transportation, [[telecommunications]], expertise, purchase/rental of [[hardware]] and [[software]], personnel, [[outsourcing]], operating losses ([[profit]] margin, [[cash flow]], customer losses), loss of funds or goods, etc.).<ref>[[Cybersecurity Guide for Developing Countries]], at 104.</ref>}}

{{Quote|[a] loss of control, [[compromise]], [[unauthorized disclosure], unauthorized acquisition, [[unauthorized access]], or any similar term referring to situations where persons other than [[authorized user]]s and for an other than authorized purpose have [[access]] or potential [[access]] to [[PII]], whether [[physical access|physical]] or [[electronic access| electronic]].<ref>[[DoDD 5400.11]], at 15-16.</ref>}}

=== HITECH Act ===

A '''breach''' is the 

{{Quote|[[unauthorized]] acquisition, [[access]], use, or [[disclosure]] of [[protected health information]] which [[compromise]]s the [[security]] or [[privacy]] of such [[information]], except where an [[unauthorized]] person to whom such [[information]] is [[disclose]]d would not reasonably have been able to retain such [[information]].<ref>Pub. L. No. 111-5, §13400(1). Not included in the definition of breach are any [[unintentional]] acquisition, use, or [[access]] of [[PHI]] by an [[employee]] or other [[authorized]] individual of a [[covered entity]] or a business associate done in [[good faith]] and within the scope of [[employment]] or the relationship where such [[information]] is not breached any further; or [[inadvertent disclosure]]s by authorized persons of [[PHI]] within the same facility; and [[information]] received as a result of such [[disclosure]] is not further [[disclose]]d without [[authorization]].</ref>}}

=== Privacy law ===

A '''breach''' is

{{Quote|The loss of control, [[compromise]], [[unauthorized disclosure]], [[unauthorized acquisition]], [[unauthorized access]], or any similar term referring to situations in which persons other than [[authorized user]]s or [[authorized]] persons for an other than [[authorized]] purpose, have [[access]] or potential [[access]] to [[PII]], whether non-cyber or [[cyber]].<ref>5 FAM 463 ([https://fam.state.gov/fam/05fam/05fam0460.html#M463 full-text]).</ref>}}

''See also'' [[data breach]]; [[data security breach]]

=== Security ===

A '''breach''' is

{{Quote|[a]ny illegal [[penetration]] or [[unauthorized access]] to a [[computer system]] that causes [[damage]] or has the potential to cause [[damage]].<ref>[[DM3595-001]]. at 3.</ref>}}

''See also'' [[security breach]].

== References ==
<references />
[[Category:contract]]
[[Category:privacy]]
[[Category:security]]
[[Category:Definition]]
[[Category:Medical]]
[[Category:Data]]