b'To Disclose or Not to Disclose:The Dangers of DIY Divorce:A Primer on Data BreachOmitted Assets and the Notification Rules Case ofPooley v. Pooley Aaron P. Minster April L. Will612-877-5263|Aaron.Minster@lawmoss.com 612-877-5329|April.Will@lawmoss.comLawMoss.com/people-aaron-p-minster LawMoss.com/people-april-l-will Specifically, she sought to be awarded an equitable portion of Aaron is a member of Moss & Barnett\'s Litigation group. He hasacquired by a third party. Minnesotas definition of personalHusbands retirement accounts as of the date of divorce. experience with ligation involving shareholder derivative actions,information includes first and last names or a first initial and lastApril is a member of Moss & Barnett\'s Family Law team. She real estate, employment, trade secrets, malpractice actions, andname, in combination with one of the following: a Social Securityassists clients in all family law matters, including divorce andThe parties motion pleadings revealed that, at the time of the construction disputes. custody proceedings. divorce, Husband had a 401(k) with a value of approximately number; a drivers license number; a Minnesota identification card number; or an account, credit, or debit card number, inA recent family law case before the Minnesota Supreme Court$235,0000 and an interest in a defined-benefit pension. Wife When hackers breach a companys network, disclosure of thecombination with any access or security information. Wisconsinshighlights the importance of a full financial disclosure andhad a 401(k) with a zero balance and an unvested interest in a breach is generally required by law. But did you know thatdata breach notification law has similar rules. North Dakotas lawdetailed property division in divorce proceedings.pension plan.something as innocuous as an employees missing cell phone, tablet, or laptop might also constitute a data breach and triggerexpands the definition of personal information to include dateThe parties presented conflicting evidence about their intentions of birth and health insurance numbers, among other information.The Factsrelated notification laws? In fact, according to Verizons 2022regarding the retirement accounts when they agreed to the terms Data Breaches Investigations Report, 82% of data breachesIn Pooley v. Pooley, a couple jointly sought a dissolution ofof their settlement. Wife argued her handwritten statement that Data breach notification rules for organizations working withintheir marriage. They reached a settlement agreement, that they involved human error. federally regulated industries, like health care and banking,the couple would split all marital property equally applied to outlined in a divorce decree. Neither party was represented by anthe retirement accounts. But Husband argued the couple had Defining Data Breach are generally governed by federal privacy laws and regulations.attorney. Instead, the couple memorialized their agreement usingan unwritten side agreement. Specifically, Husband claimed the Public entities and educational institutions also have their owna template form made available to the public on the Minnesota Minnesota law requires a business to disclose any breach ofdata breach notification rules.parties discussed the retirement assets and agreed that they the security of the system once discovered. A breach of theJudicial Branch website.would each keep their own accounts, in part, because he had security of the system means an unauthorized acquisition ofForm and Timing of NoticeOne section of the form instructed the parties to list all of theiragreed to assume extra expenses and debt. computerized data that compromises the security, confidentiality,Under Minnesota law, notification must be provided by mailassets on a separate asset sheet, which included columns for or integrity of personal information maintained by the personThe Courts Decision to the most recent available address of the person or businessHusband and Wife. The form stated each party would be awarded or business. Because the statutory definition of a breachaffected, or by electronic notice (if electronic communication isthe assets in his or her column as reflected on the asset sheet, butThe Minnesota Supreme Court began its analysis by defining is extremely broad, seemingly innocuous events may requirethe organizations primary method of communication with thatWife made the following handwritten addition to this section:what courts may not do with respect to assets omitted from a a business to provide notice of a data breach. Consider theindividual). Under certain circumstances, substitute notice withWill be split equallywe will work together.divorce decree. Although Wifes motion was framed as one to following examples: notification on statewide media is permitted. Most data breachenforce or clarify the divorce decree, the parties settlement laws also require that notification be given to governmentOn the actual asset sheet, the parties listed zero as the valueagreement completely omitted any reference to the retirement An employee loses an iPhone, and the iPhone had accessfor a number of categories, including bank accounts, but theyaccounts. The issue was never presented to the district court, to personal information maintained by the business.agencies and law enforcement authorities. also listed the values for various personal property items andand therefore, there was nothing for the court to clarify, enforce, An employee accidentally copies an individual, who does notIn Minnesota, notice must be provided to affected individualsdesignated some of these items to Husbands column and otheramend, or reopen.work for the business, on an email containing personal orin the most expedient time possible unless law enforcementitems to Wifes column. The couple wrote nothing in the lines confidential information. directs otherwise. Similarly, South Dakotas law requires disclosureprovided for retirement accounts. They also did not check theHowever, Minnesota law has long recognized that the district within 60 days of discovery unless there is a legitimate lawboxes for Profit Sharing Pension or for 401(k), IRAs or other.court\'s role in divorce proceedings is to ensure a stipulation is An employee falls victim to a phishing scam and unknowinglyenforcement reason to delay disclosure.fair and reasonable and to protect the interests of both parties. provides a hacker with company credentials and access toThe judge signed the dissolution decree on the pre-printedRefusing to address omitted assets would frustrate the district databases with personal or confidential information. Exceptions to the Rulesform, and the court administrator entered judgment. The partiescourts duty to ensure a just and equitable division of marital So, what of the employees lost iPhone and other seeminglywere divorced. property. Thus, the Minnesota Supreme Court concluded the When Providing Notice of the Breach Isdistrict court retained jurisdiction over the omitted assets and innocuous data breaches? There are exceptions to data breachPost-Divorce Litigation was required by statute to equitably divide them. Although Required notification laws for information that is protected by encryption Minnesotas data breach notification law is triggered as soon asand secured with an appropriate password or PIN.More than five years after the divorce, Wife returned to courtnot relevant to the facts of the Pooley case, the Minnesota it is reasonable to believe that personal information has beenseeking to enforce, clarify, or reopen the divorce decree. 2 "To Disclose or Not to Disclose:" Continued on Page 7 "The Dangers of DIY Divorce:" Continued on Page 7 3'