; or (iii) the release of a public record not otherwise subject to confidentiality or nondisclosure requirements. (2) Data in electronic form The term data in electronic form means any data stored electronically or digitally on any computer system or other database, including recordable tapes and other mass storage devices. (3) Designated entity The term designated entity means the Federal Government entity designated by the Secretary of Homeland Security under section 143(a). (4) Identity theft The term identity theft means the unauthorized use of another person's personally identifiable information for the purpose of engaging in commercial transactions under the identity of such other person, including any contact that violates section 1028A of title 18, United States Code. (5) Major credit reporting agency The term major credit reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis within the meaning of section 603(p) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(p) ). (6) Service provider The term service provider means a person that provides electronic data transmission, routing, intermediate and transient storage, or connections to its system or network, where the person providing such services does not select or modify the content of the electronic data, is not the sender or the intended recipient of the data, and does not differentiate personally identifiable information from other information that such person transmits, routes, or stores, or for which such person provides connections. Any such person shall be treated as a service provider under this subtitle only to the extent that it is engaged in the provision of such transmission, routing, intermediate and transient storage, or connections. 142. Notice to individuals (a) In general A covered entity that owns or possesses data in electronic form containing personally identifiable information, following the discovery of a breach of security of the system maintained by the covered