Security breach notification laws or data breach notification laws are laws that require individuals or entities affected by a data breach, unauthorized access to data, to notify their customers and other parties about the breach, as well as take specific steps to remedy the situation based on state legislature. A person that owns or licenses personal identifying information of a New Mexico resident. 17.00-17.04) and New York (23 NYCRR Part 500)) that require businesses to follow specific data security practices. Tel: 303-364-7700 | Fax: 303-364-7800, 444 North Capitol Street, N.W., Suite 515 2018 S.B. A person, sole proprietorship, partnership, government entitym corporation, nonprofit, trust, estate, cooperative association, or other business entity that acquires or uses sensitive personally identifying information. Provides for a central Security Operations Center to direct statewide cyber defense and cyber threat mitigation. Implement and maintain reasonable security practices and procedures to protect personal identifying information from unauthorized access. Denver, CO 80230 Implement and maintain reasonable security measures. Further provides that the CIO shall establish cyber security policies, guidelines, and standards and install and administer state data security systems on the state's computer facilities consistent with policies, guidelines, standards, and state law to ensure the integrity of computer-based and other data and to ensure applicable limitations on access to data. Other state and federal laws address the security of health care data, financial or credit information, social security numbers or other specific types of data. Stat. The policy shall, at a minimum, comply with applicable federal and state law, adhere to standards set by the state chief information officer and include the following: (i) An inventory and description of all data required of, collected or stored by an agency; (ii) Authorization and authentication mechanisms for accessing the data; (iii) Administrative, physical and logical security safeguards, including employee training and data encryption; (iv) Privacy and security compliance standards; … Establishes the Office of Statewide Chief Information Security Officer to serve as the strategic planning, facilitation and coordination office for information technology security in the state. With the recent passage of HB 1078 in Washington State (see: here), it seemed appropriate to compare the legal attitudes between Canada’s Parliament and the American Senate.The resulting difference might surprise you.To start, Canada still lags legislatively when it … Manufacturers of connected devices sold in California. Any person that owns, maintains or otherwise possesses data that includes a consumer’s personal information that is used in the course of the person’s business, vocation, occupation or volunteer activities. Requires the office to direct security and privacy compliance reviews, identify and mitigate security and privacy risks, monitor compliance with policies and standards, and coordinate training programs. Contractors: an individual, business or other entity that is receiving confidential information from a state contracting agency or agent of the state pursuant to a written agreement to provide goods or services to the state. Also provides for implementing a process for detecting, reporting, and responding to security incidents. The Secretary of the Office of Policy and Management, or the secretary's designee, may require additional protections or alternate measures of security assurance when warranted. Develop written policies for the proper disposal of personal information once such information is no longer needed. Provides that the office serve as the strategic planning, facilitation and coordination office for information technology security in the state. (12) Conduct periodic management reviews of information technology activities within state agencies upon request. Requires each city or county to maintain a cybersecurity incident response plan. Digital privacy laws Corporate data security laws Covered entities (sole proprietorship, partnership, corporation, trust, estate, cooperative, association, or other commercial entity) and. State laws also may impose restrictions and obligations on businesses relating to the collection, use, disclosure, security, or retention of special categories of information, such as biometric data, medical records, SSNs, driver’s licence information, email addresses, library records, television viewing habits, financial records, tax records, insurance information, criminal justice information, phone records, and education records, just to name some of the most common. Provides for the appointment of a statewide chief information security officer to manage the statewide information security and privacy office. We will explain how this works in this article. These amendments enhance data breach protection for biometric data, account numbers, credit or debit card numbers with no security code, and personal information. Implement and maintain reasonable security procedures and practices appropriate to the nature of the information. ICLG - Data Protection Laws and Regulations - Australia covers common issues including relevant legislation and competent authorities, territorial scope, key principles, individual rights, registration formalities, appointment of a data protection officer and of processors - in 39 jurisdictions. Designates the administrator of OITS to oversee all information technology services and cybersecurity policies within the state. The Chief Technology Officer is authorized to develop policies, procedures, standards and legislative rules that identify and require the adoption of practices to safeguard information systems, data and communications infrastructures.Provides for annual security audits of all executive branch agencies regarding the protection of government databases and data communications. Several states also require government entities to destroy or dispose of personal information so it is unreadable or indecipherable. State governments hold a vast amount of data about citizens, including personally identifiable information such as Social Security numbers, driver’s license information, and tax and financial information. Passed in 1996, the Health Insurance Portability and Accountability Act (HIPAA) was landmark legislation to regulate health insurance. Adopt and implement cyber security policies, guidelines and standards developed by the Department of Administration. Upon request, public institutions of higher learning, technical colleges, political subdivisions, and quasi-governmental bodies shall submit sufficient evidence that their cyber security policies, guidelines and standards meet or exceed those adopted and implemented by the department. In addition, other state and federal statutes (not included here) also address the security of health care data, financial or credit information, social security numbers or other specific types of data collected or maintained by businesses. In this post, we look at current and proposed state data security laws and consider their potential impact. Any person or business that owns or licenses computerized data which includes private information of a resident of New York. Tel: 202-624-5400 | Fax: 202-737-1069, Research, Editorial, Legal and Committee Staff, E-Learning | Staff Professional Development, Communications, Financial Services and Interstate Commerce, TELECOMMUNICATIONS & INFORMATION TECHNOLOGY, Telecommunications and Information Technology, that require entities to destroy or dispose of personal information so that it is unreadable or indecipherable. At least 25 states have laws that address data security practices of private sector entities. The state CIO shall review and revise the security standards annually. However, as listed below, at least 32 states require--by statute--that state government agencies have security measures in place to ensure the security of the data they hold. Authorizes regulations to ensure the security and confidentiality of customer information in a manner fully consistent with industry standards. Provides for employment of a statewide data coordinator to improve the control and security of information collected by state agencies; Requires the statewide data coordinator to develop and implement best practices among state agencies to improve information management and analysis to increase information security. The department also shall identify and address information security risks to each State agency, to third-party providers, and to key supply chain partners. Cyber-security laws at the state level are a complexity every employer needs to understand, due to the reach of the legislation. Requires state agencies to undergo an appropriate cyber risk assessment; adhere to the cybersecurity standard established by the Chief Information Security Officer in the use of information technology infrastructure; and adhere to enterprise cybersecurity policies and standards. §§ 24-37.5-403, -404, -404.5, -405, Public agencies, institutions of higher education, General Assembly. It is also fair to say that it is driving a backlash among the tech giant firms, who, for the first time ever, are now lobbying in favor of a federal data protection law. The US has several sector-specific and medium-specific national privacy or data security laws, including laws and regulations that apply to financial institutions, telecommunications companies, personal health information, credit report information, children's information, telemarketing and direct marketing. Some of these apply only to governmental entities, some apply only to private entities, and some apply to both. Take reasonable steps to maintain the security and privacy of a consumer's personally identifiable information. Many of these laws have been enacted in just the past two to three years, as cybersecurity threats and attacks against government have increased. A person or entity that owns, licenses, maintains, handles, or otherwise possesses personal information of an individual residing in the District. Last month, SHIELD finally became law, and NYS now has some of the toughest security and breach notification language at the state-level.We blogged about the SHIELD Act when it was first introduced … 396 Enacted in 2018, Alabama’s data breach notification legislation requires entities that acquire or use “sensate personally identifying information” of Alabama residents to notify affected individuals of any unauthorized acquisition of data. The department may conduct audits on state agencies as necessary to monitor compliance. While these state laws focus mostly on data privacy, they spur policies and requirements that lead to more effective security and could help limit damage from attacks. PLEASE NOTE: NCSL serves state legislators and their staff. Provides for the Oregon Department of Administrative Services, in its sole discretion, to (a) Review and verify the security of information systems operated by or on behalf of agencies; (b) Monitor state network traffic to identify and react to security threats; and. This website uses cookies to analyze traffic and for other purposes. The following state laws are included: California State Law (§ 1798.91.04) - CA § 1798.91.04 - Security of Connected Devices. See also. Any person who conducts business in the state and owns, licenses, or maintains personal information. Establish and maintain reasonable security processes and practices appropriate to the nature of the personal information maintained. Requires executive branch agency heads to ensure that information security programs are in place, implement security policies, standards and cost-effective safeguards to reduce, eliminate or recover from identified threats to data and information technology resources; include cybersecurity requirements in agency request for proposal specifications for procuring data and information technology systems and services; submit a cybersecurity assessment report to the CISO by October 16 of each even-numbered year, and other requirements as specified in statute. Most of these data security laws require businesses that own, license, or maintain personal information about a resident of that state to implement and maintain "reasonable security procedures and practices" appropriate to the nature of the information and to protect the personal information from una… Also provides for the protection of the state government's cyber security infrastructure, including, but not limited to, the identification and mitigation of vulnerabilities, deterring and responding to cyber events, and promoting cyber security awareness within the state. Public agencies and nonaffiliated third parties. In addition, other state and federal statutes (not included here) also address the security of health care data, financial or credit information, social security numbers or other specific types of data collected or maintained by businesses. Code § 5A-6-4a This website uses cookies to analyze traffic and for other purposes. Authorizes the Agency of Digital Services to provide services for cybersecurity within state government and requires it to prepare a strategic plan about IT and cybersecurity to the General Assembly. data security law state by washington oregon utah california alaska nevada hawaii arizona montana north dakota minnesota wisconsin michigan ohio kentucky tennessee alabama georgia florida south carolina north carolina virginia dc west virginia pennsylvania new york vermont mass rhode island connecticut new jersey delaware maryland maine new hampshire indiana mississippi illinois iowa … Reasonable procedures, including taking any appropriate corrective action. Establishes requirements for the security program, such as implementing an incident response plan and other details (as specified /detailed in statute). Any entity that maintains, owns, or licenses personal identifying information in the course of the person’s business or occupation. Equip the device with reasonable security features that are appropriate to the nature and function of the device and the information it may collect, contain, or transmit, and that are designed to protect the device and any information it contains from unauthorized access, destruction, use, modification, or disclosure. All 50 states, as well as the District of Columbia, Puerto Rico, Guam, and the Virgin Islands, have enacted breach notification laws requiring private organizations or government entities to notify individuals of a security breach involving their personally identifiable information. Creates the Nevada Office of Cyber Defense Coordination to perform a variety of duties relating to the security of information systems of state agencies, including setting procedures for risk-based assessments; developing best practices for preparing for and mitigating such risks; preparing, maintaining and testing a statewide strategic plan regarding the security of information systems in Nevada. When changes to Texas' data breach notification law go into effect in 2020, companies that do business in the state will have 60 days to disclose a data breach. These recent enactments tend to require a statewide, comprehensive approach to security and security oversight. Any person that owns or licenses personal information. Each state agency that has an information technology system. A data collector that owns or licenses, or maintains or stores but does not own or license, records that contain personal information. Each state agency that maintains personal information. The final information security risk assessment report shall identify, prioritize, and document information security vulnerabilities for each of the state agencies assessed. (c) Conduct vulnerability assessments of agency information systems for the purpose of evaluating and responding to the susceptibility of information systems to attack, disruption or any other event that threatens the availability, integrity or confidentiality of information systems or the information stored in information systems. Implement and maintain reasonable security measures to protect those records from unauthorized access, acquisition, destruction, use, modification, or disclosure. Implement and maintain a risk-based information security program with reasonable security procedures and practices appropriate to the nature of the information. (9) Review projects, architecture, security, staffing, and expenditures. Requires public agencies and institutions of higher education to develop an information security plan utilizing the information security policies, standards, and guidelines developed by the chief information security officer. Implement and maintain reasonable security procedures and practices appropriate to the nature of the personal information owned or licensed and the nature and size of the business and its operations. State laws can also control who has control, the individual from whom they were collected or the pharmaceutical companies. Allows the department to temporarily disrupt the exposure of an information system or information technology infrastructure that is owned, leased, outsourced, or shared by one or more state agencies in order to isolate the source of, or stop the spread of, an information security breach or other similar information security incident. 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