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When is substitute notice used for breach notification?

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  1. When the breach affects fewer than 10 people
  2. Only when the media already reported it
  3. When contact information is missing for 10 or more people

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References

  1. 45 CFR 164.404(d)(2) (eCFR) www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-D/section-164.404 Checked 2026-10-10.

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