; and (B) subject to the jurisdiction of an agency or authority described in section 505(a) of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6805(a) ). (2) HIPAA and hitech regulated entities An entity that is subject to and in compliance with the data breach notification of the following, with respect to data that is subject to such requirements: (A) Section 13401 of the Health Information Technology for Economic and Clinical Health Act ( 42 U.S.C. 17931 ). (B) Part 160 or 164 of title 45, Code of Federal Regulations (or any successor regulations). (C) The regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note). (D) In the case of a business entity, the applicable data breach notification requirements of part 1 of subtitle D of title XIII of division A of the American Reinvestment and Recovery Act of 2009 ( 42 U.S.C. 17931 et seq.), if such business entity is acting as a covered entity, a business associate, or a vendor of personal health records, as those terms are defined in section 13400 of the Health Information Technology for Economic and Clinical Health Act ( 42 U.S.C. 17921 ). (E) In the case of a third-party service provider, section 13407 of the Health Information Technology for Economic and Clinical Health Act ( 42 U.S.C. 17937 ). 212. Exemptions (a) National security and law enforcement exemption (1) In general Section 211 shall not apply to a covered entity if a Federal law enforcement agency or intelligence agency— (A) determines that notification of the security breach— (i) could be expected to reveal sensitive sources and methods or similarly impede the ability of the Government to conduct law enforcement investigations; or (ii) could be expected to cause damage to the national security; (B) communicates the determination made under subparagraph (A) to the covered entity