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. This site provides general comparative information only and should not be relied upon or construed as legal advice. Code § 5A-6-4a Establishes a statewide information security and privacy office. A business: a sole proprietorship, partnership, corporation, association, or any other business entity, whether or not organized to operate at a profit. As security risks to citizens' personal identifying information have increased in recent years, some state legislatures are taking a more active role to require that businesses protect personal information. 2018 S.B. Denver, CO 80230 Some of these apply only to governmental entities, some apply only to private entities, and some apply to both. In addition, the CIO shall conduct an annual comprehensive review of cybersecurity policies of every executive branch agency, State agencies (certain provisions also apply to institutions of higher education the legislature, and the judiciary). The CIO shall also develop policies, procedures, and standards that address the scope of security audits and the frequency of such security audits. The manner in which an entity provides actual or substitute notification (e.g., via email, U.S. Mail, etc.). Requires the CISO to develop policies, procedures and standards necessary to establish an enterprise cybersecurity program. 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 … The department also shall identify and address information security risks to each State agency, to third-party providers, and to key supply chain partners. An agency or nonaffiliated third party that maintains or otherwise possesses personal information, regardless of the form in which the personal information is maintained, shall implement, maintain, and update security procedures and practices, including taking any appropriate corrective action, to protect and safeguard against security breaches. At least 25 states have laws that address data security practices of private sector entities. The state Chief Information Officer may assume the direct responsibility of providing for the information technology security of any State agency that fails to adhere to security standards adopted under this Article. A contract for the disclosure of personal information must include a provision requiring the person to whom the information is disclosed to implement and maintain reasonable security measures. In July 2019, the New York legislature enacted amendments to the state’s data security law. This article addresses new laws about student privacy, enforcement/ punishment for data privacy and security violations, and miscellaneous data privacy and security-centered laws. The answer is a clear and definite no. Sets forth requirements for network services and requires the department to  set proper measures for security, firewalls, and internet protocols addressing at the state's interface with other facilities. Specifically, New York’s Stop Hacks and Improve Electronic Data Security Act, effective March 2020, and Massachusetts’ 2007 data security law … These and other data/Internet security laws are frequently hot topics among those who call for “Internet freedom.” There are also laws regarding the sharing of information on an international scale, such as the Trans Pacific-Partnership Agreement (TPP). §§ 24-37.5-403, -404, -404.5, -405, Public agencies, institutions of higher education, General Assembly. Digital privacy laws Corporate data security laws Requires every agency to adopt, enforce and maintain a policy regarding the collection, access, security and use of data. Register annually with the Secretary of State. PLEASE NOTE: NCSL serves state legislators and their staff. Adopt rules or regulations designed to safeguard the personal information of residents of the commonwealth for their respective departments and shall take into account the size, scope and type of services provided by their departments, the amount of resources available thereto, the amount of stored data, and the need for security and confidentiality of both consumer and employee information. The following state laws are included: California State Law (§ 1798.91.04) - CA § 1798.91.04 - Security of Connected Devices. State laws can also control who has control, the individual from whom they were collected or the pharmaceutical companies. A person or entity that uses a nonaffiliated third party as a service provider to perform services for the above. A person or business that acquires, owns or licenses personal information. Any entity that maintains, owns, or licenses personal identifying information in the course of the person’s business or occupation. The director shall appoint a state chief information security officer. Passed in 1996, the Health Insurance Portability and Accountability Act (HIPAA) was landmark legislation to regulate health insurance. C.R.S. The data security law, Maryland Personal Information Protection Act, requires businesses handling personal information of a Maryland resident to “protect personal information from unauthorized access, use, modification, or disclosure” and “implement and maintain reasonable security procedures and practices.” Businesses also have data breach investigation, notification, and third … Requires each state agency to review and update its program annually and certify to the office that its program is in compliance with the office's security standards and policies. Requires each state agency to implement cybersecurity strategy incident response standards to secure its critical infrastructure controls and critical infrastructure information. A person licensed, authorized to operate, or registered, or required to be licensed, authorized, or registered pursuant to the insurance laws of the state (does not include a purchasing group or a risk retention group chartered and licensed in another state or a licensee that is acting as an assuming insurer that is domiciled in another state or jurisdiction). A business that owns or licenses computerized unencrypted personal information. Covered entities (sole proprietorship, partnership, corporation, trust, estate, cooperative, association, or other commercial entity) and. 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. Any health insurer, health care center or other entity licensed to do health insurance business in the state. Implement and maintain a written information security policy and reasonable security procedures and practices that are appropriate to the nature of the personal information collected and the nature of the unit and its operations. Creates the West Virginia Cybersecurity Office under the supervision and control of a Chief Information Security Officer (CISO). 93.21) (appropriations). 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. Manufacturers of connected devices sold in California. Data Security Laws for Companies and Insurers - This import pack contains multiple state data security regulations. Develop procedures, as specified/detailed in statute, to protect personal information while enabling the state agency to use personal information as necessary for the performance of its duties under federal or state law. 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. The regulations shall take into account the person's size, scope and type of business, resources available, amount of stored data, and the need for security and confidentiality of both consumer and employee information. Authorizes regulations to ensure the security and confidentiality of customer information in a manner fully consistent with industry standards. Australia: Data Protection Laws and Regulations 2020. 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. Data security laws have been passed by numerous states as businesses encourage Congress to pass federal data security laws. Implement and maintain reasonable security procedures and practices appropriate to the nature of the information. Every agency and department is responsible for securing the electronic data held by his agency or department and shall comply with the requirements of the commonwealth's information technology security and risk-management program as set forth in § 2.2-2009, and shall report all known incidents that threaten data security. State can place legislation that let individuals have control over the tests conducted on their genes and regulate how long data is stored in biobanks. W.V. Several states also require government entities to destroy or dispose of personal information so it is unreadable or indecipherable. Implement and maintain reasonable security measures (as specified /detailed 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 unauthorized access, destruction, use, modification, or disclosure. (2018) California State Law (§ 1898.81.5) - CA § 1898.81.5 - … Cybersecurity audit. 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. The box allows you to conduct a full text search or type the state name. Implement and maintain reasonable security practices and procedures to protect personal identifying information from unauthorized access. Such policies, procedures, and standards will apply to the commonwealth's executive, legislative, and judicial branches, and independent agencies and institutions of higher education. A person or entity that owns, licenses, maintains, handles, or otherwise possesses personal information of an individual residing in the District. This month’s column on cybersecurity topics summarizes new state privacy laws that will have a broad national reach including the prospect of “CCPA 2.0” 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. Provides for hiring and training of a chief information security officer for each government entity. All states have security measures in place to protect data and systems. The state CIO shall review and revise the security standards annually. Provides services to support agencies, such as identifying risks through assessments, coordinating statewide information security awareness and training programs, among other responsibilities specified/detailed in statute. 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. Implement and maintain reasonable procedures. Code § 5A-6B-1 et seq. An executive agency, a department, a board, a commission, an authority, a public institution of higher education, a unit or an instrumentality of the State; or a county, municipality, bi–county, regional, or multicounty agency, county board of education, public corporation or authority, or any other political subdivision of the State. Additional provisions for third-parties. 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. (11) Advise the state personnel department on guidelines for information technology staff for state agencies. 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 definition … Any person that owns or licenses personal information. In this post, we look at current and proposed state data security laws and consider their potential impact. Pop quiz, do Canadians and Americans approach cyber security the same way? We may see data security laws spread in a similar fashion. A business or nonprofit athletic or sports association that collects or maintains sensitive personal information. Implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal identifying information from unauthorized access, destruction, use, modification or disclosure. The department may conduct audits on state agencies as necessary to monitor compliance. 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. A database owner: a person that owns or licenses computerized data that includes personal information. Requires each city or county to maintain a cybersecurity incident response plan. 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. Denver, CO 80230 Comply with information security program developed by the Chief of the Office of Information Security, as specified/detailed in statute, including conducting an annual independent security assessment. The nation’s patchwork of state data breach notification laws is now complete. Requires the agency to develop IT and cybersecurity policies and to conduct a security assessment for certain new IT projects. Reasonable procedures, including taking any appropriate corrective action. Provides for the office of information technology services to advise and assist state agencies in developing policies, plans and programs for improving the statewide coordination, administration, security, confidentiality, program effectiveness, acquisition and deployment of technology. Data breach notification laws have two main goals. Reasonable security and breach investigation procedures and practices established and implemented by organizational units of the executive branch of state government shall be in accordance with relevant enterprise policies established by the Commonwealth Office of Technology. The firm is a leader in its field and for the fourth consecutive year has been ranked by Computerworld magazine in a survey of more than 4,000 corporate privacy leaders as the top law firm globally for privacy and data security. Establish and maintain reasonable security processes and practices appropriate to the nature of the personal information maintained. 7700 East First Place 2020 B 215  (enacted; under Congressional review). Implement and maintain reasonable security measures to protect those records from unauthorized access, acquisition, destruction, use, modification, or disclosure. What it covers: In January 2010, Nevada was the first state to enact a data security law that mandates encryption for customers' stored and transported personal information. Designates the administrator of OITS to oversee all information technology services and cybersecurity policies within the state. 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. 2018-19 H.B. The CCPA will impose certain duties on entities or persons that collect information ab… These recent enactments tend to require a statewide, comprehensive approach to security and security oversight. We will explain how this works in this article. This website uses cookies to analyze traffic and for other purposes. Implement and maintain reasonable security safeguards, including procedures and practices that are appropriate to the nature of the personal information and the nature and size of the entity or operation. State databases also have become attractive targets for cybercriminals, who sell the data for personal gain or use it to access government networks or services, to disrupt critical infrastructures or to expose or embarrass governments and officials. Provides for a chief information security officer (CISO) who is responsible for the implementation of such policies and procedures. Implement and maintain a written information security program containing administrative, technical, and physical safeguards to protect personally identifiable information. The CIO shall direct the development of policies, procedures and standards for assessing security risks, determining the appropriate security measures and performing security audits of government electronic information. 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 … 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. Implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. (9) Review projects, architecture, security, staffing, and expenditures. 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. Telecommunications Technology and Regulation, destroy or dispose of personal information, data security laws that apply to private entities, Statewide Chief Information Security Officers, State Cybersecurity Training for State Employees, State agencies; some provisions for local governments. The number of states with these types of data security laws has doubled since 2016, reflecting growing concerns about computer crimes and breaches of personal information. Any state agency with a department head and any state agency disclosing confidential information to a contractor pursuant to a written agreement with such contractor for the provision of goods or services for the state. Implement and maintain reasonable procedures, including taking any appropriate corrective action. The legislative branch, the judicial branch, the attorney general, the state secretary, the state treasurer and the state auditor. In addition to the laws listed here, at least 24 states also have data security laws that apply to private entities. Code of Regs. Also provides for implementing a process for detecting, reporting, and responding to security incidents. Require, by written contract or agreement, that third parties implement and maintain reasonable security procedures and practices appropriate to the nature of the personal information disclosed to the nonaffiliated third party. 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. Take reasonable steps to maintain the security and privacy of a consumer's personally identifiable information. Requires the chief information security officer to: (a) Develop and update information security policies, standards, and guidelines for public agencies; (b) Promulgate rules pursuant to article 4 of this title containing information security policies, standards, and guidelines; (c) Ensure the incorporation of and compliance with information security policies, standards, and guidelines in the information security plans developed by public agencies pursuant to section 24-37.5-404; (d) Direct information security audits and assessments in public agencies in order to ensure program compliance and adjustments. 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. Establishes requirements for the security program, such as implementing an incident response plan and other details (as specified /detailed in statute). A person to whom a data collector discloses personal information. Washington, D.C. 20001 318, Act No. This is the second in a two-part series addressing recent developments in state privacy and data security laws. A Social Security number, A driver’s license number; A state issued ID, Private banking related information. Provides that the chief information officer shall establish policies and procedures for the security of personal information that is maintained and destroyed by state agencies. A data collector that owns or licenses, or maintains or stores but does not own or license, records that contain personal information. Provides that the chief information officer (CIO) shall establish and enforce standards and ensure acquisition of hardware and software necessary to protect data and systems in state agency networks connected to the Internet. Public agencies and nonaffiliated third parties. The most comprehensive state data privacy legislation, the California Consumer Privacy Act (CCPA), was signed into law on June 28, 2018, and goes into effect on January 1, 2020. Global Data Breach Notification Law Library This free tool from RADAR allows users to access a library containing hundreds of global privacy laws, rules, and regulations to stay current on existing and proposed legislation. Adopt and implement cyber security policies, guidelines and standards developed by the Department of Administration. State agencies shall use either the standard security risk assessment created by the Information Services Division or a third-party risk assessment meeting the ISO/IEC 17799 standards and using the National Institute of Standards and Technology Special Publication 800-30 (NIST SP800-30) process and approved by the Information Services Division. We are the nation's most respected bipartisan organization providing states support, ideas, connections and a strong voice on Capitol Hill. Business includes a financial institution… Nonaffiliated third party/service provider. (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. It is a very complex law with lots of moving parts, but included both data privacy and security sections. 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. Stat. Requires the Auditor General to review state agencies and their cybersecurity programs and practices, with a particular focus on agencies holding large volumes of personal information. An increasing number of laws also require specific measures to to protect sensitive information from unauthorized access, destruction, use, modification, or disclosure. Individual budget units continue to maintain operational responsibility for information technology security. Many of these laws have been enacted in just the past two to three years, as cybersecurity threats and attacks against government have increased. De très nombreux exemples de phrases traduites contenant "data security laws" – Dictionnaire français-anglais et moteur de recherche de traductions françaises. Telecommunications Technology and Regulation, data security laws that apply to state agencies or other governmental entities. Federal versus State. 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, In addition to the laws listed here, at least 24 states also have, the CIO shall conduct an annual comprehensive review of cybersecurity policies of every executive branch agency, Copyright 2020 by National Conference of State Legislatures. Any individual or commercial entity that conducts business in Nebraska and maintains personal information about Nebraska residents. You consent to the use of cookies if you use this website. (Does not apply to financial institutions). Requires Cal-CSIC to establish a cyber incident response team and directs all state departments and agencies to comply with information security and privacy policies and to promote awareness of information security standards with their workforce. This website uses cookies to analyze traffic and for other purposes. Any person that conducts business in the state or that owns or licenses computerized data that includes personal information. 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. These are the very basics. To qualify for an affirmative defense to a cause of action alleging a failure to implement reasonable information security controls resulting in a data breach, an entity must create, maintain, and comply with a written cybersecurity program that contains administrative, technical, and physical safeguards for the protection of personal information as specified (e.g., conforming to an industry-recognized cybersecurity framework as listed in the act). Personal information would not include what would be generally considered publicly available. The state Chief Information Officer shall establish a statewide set of standards for information technology security to maximize the functionality, security, and interoperability of the state's distributed information technology assets, including communications and encryption technologies. Implement and maintain a comprehensive data-security program (as specified/detailed in statute) including encryption of all sensitive personal data transmitted wirelessly or via a public Internet connection, or contained on portable electronic devices has to be encrypted as well. 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. Data brokers--businesses that knowingly collect and license the personal information of consumers with whom such businesses do not have a direct relationship. 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. This includes the coordination and implementation of cybersecurity policies, information security needs, tests and vulnerability scans to mitigate risks and mandatory education and training of state employees. Establishes the California Cybersecurity Integration Center (Cal-CSIC) to develop a statewide cybersecurity strategy. This includes usernames, passwords, email addresses, and questions and answers for authentication purposes. At least 25 states have laws that address data security practices of private sector entities. 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. Assessment report shall identify, prioritize, and some apply only to private entities you consent the. Confidential information been passed by numerous states as businesses encourage Congress to pass data... 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