Law note · Wyoming
Breach of the security of a computerized data system, enforcement
The Attorney General may bring an action in law or equity to address a violation of Wyoming's breach-notification statute and to recover damages; the provision is not exclusive and does not relieve a covered person from any other applicable law.
Unlike Pennsylvania's, South Dakota's, or West Virginia's equivalents, this statute contains no deeming clause characterizing a notice violation as a violation of Wyoming's general Consumer Protection Act, Wyo. Stat. Ann. secs. 40-12-101 to 40-12-116, so the indirect private-action route this wave checks for is not opened at all here, rather than opened and then foreclosed.
The Consumer Protection Act does carry its own real private right of action, Wyo. Stat. Ann. sec. 40-12-108, arming a person relying on an uncured unlawful deceptive trade practice with an action for actual damages, but that right runs only to a violation under the Consumer Protection Act itself, and nothing in the breach statute invokes it.
This document records private_right_of_action as false for this instrument on that basis: absence of an incorporating clause, not an explicit foreclosure clause.
What it asks of an app
- Expect the Wyoming Attorney General, not a private plaintiff, to be the one who may bring an action over a breach-notification violation under this statute.
- Do not treat this as an explicit foreclosure. Wyoming's breach statute simply never characterizes a notice violation as a Consumer Protection Act violation, so that Act's own private right of action, Wyo. Stat. Ann. sec. 40-12-108, is never incorporated here, a different finding from an express bar.
When LexLint raises it
Declared activities: crawls_web, trains_models, deploys_chatbot, automated_outreach
Primary source: official Wyoming statute text, Wyo. Stat. Ann. sec. 40-12-502(f), Wyoming Legislature website (compressed statutes, Title 40)