After the devastating Equifax incident, the New York State legislature introduced the Stop Hacks and Improve Electronic Data Security or SHIELD Act in order to update the existing breach rules. 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. Establishes the California Cybersecurity Integration Center (Cal-CSIC) to develop a statewide cybersecurity strategy. First, every state has a statute concerning cyber-security and data privacy, as you can see from the chart below. Develop, implement and maintain reasonable safeguards to protect the security, confidentiality and integrity of private information including, but not limited to, disposal of data. Covered entities (sole proprietorship, partnership, corporation, trust, estate, cooperative, association, or other commercial entity) and. A Practice Note providing an overview of state laws, including the District of Columbia, that require those collecting, using, or managing personal information to take proactive data security measures. C.R.S. 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. 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. 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. In July 2019, the New York legislature enacted amendments to the state’s data security law. Any individual or commercial entity that conducts business in Nebraska and maintains personal information about Nebraska residents. Implement and maintain reasonable procedures and practices to prevent the unauthorized acquisition, use, modification, disclosure, or destruction of personal information collected or maintained in the regular course of business. Register annually with the Secretary of State. Code § 5A-6-4a 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. 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 … We are the nation's most respected bipartisan organization providing states support, ideas, connections and a strong voice on Capitol Hill. 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. State and local government agencies in the US rely on sensitive information stored in databases and file servers to process applications that enable essential services. Every agency, department, board, commission, council, institution, separate operating agency or any other operating unit of the executive branch of state government. 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. 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… 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. 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; … 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. Implement and maintain reasonable security measures (as specified /detailed in statute). 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. 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 the CISO to develop policies, procedures and standards necessary to establish an enterprise cybersecurity program. The department also shall identify and address information security risks to each State agency, to third-party providers, and to key supply chain partners. Several states also require government entities to destroy or dispose of personal information so it is unreadable or indecipherable. 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. Requires state agencies to obtain an independent compliance audit at least once every three years. We may see data security laws spread in a similar fashion. 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. 318, Act No. Implement and maintain a comprehensive data-security program for the protection of confidential information. Personal information would not include what would be generally considered publicly available. The CIO shall also develop policies, procedures, and standards that address the scope of security audits and the frequency of such security audits. Provides that the department of information technology shall advise and oversee cybersecurity strategy for the state agencies and institutions noted. §§ 24-37.5-403, -404, -404.5, -405, Public agencies, institutions of higher education, General Assembly. 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. 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. Comply with the statewide information technology security standards and processes developed by the Agency for State Technology as specified/detailed in statute, including conducting and updating a comprehensive risk assessment every three years, creating an incident response team and reporting process, and providing security and cybersecurity awareness training for all state agency employees. Passed in 1996, the Health Insurance Portability and Accountability Act (HIPAA) was landmark legislation to regulate health insurance. Pop quiz, do Canadians and Americans approach cyber security the same way? 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. Data Security Laws for Companies and Insurers - This import pack contains multiple state data security regulations. The measures include required training for state employees, periodic security audits or assessments, development of standards and guidelines, and other provisions. 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. This site provides general comparative information only and should not be relied upon or construed as legal advice. 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. At least 31 states have already established laws regulating the secure destruction or disposal of personal information. Public agencies and nonaffiliated third parties. 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. An increasing number of laws also require specific measures to to protect sensitive information from unauthorized access, destruction, use, modification, or disclosure. 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 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; (v) Processes for identification of and response to data security incidents, including breach notification and mitigation procedures; (vi) In accordance with existing law, processes for the destruction and communication of data. 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). Also authorizes the office to o establish statewide technology policies, including but not limited to preferred technology standards and security, including statewide policies, standards, programs, and services relating to the security of state government nworks and geographic information systems. 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. Develop, implement and maintain reasonable safeguards to protect the security, confidentiality and integrity of the personal information, including disposal of the data (as specified /detailed in statute). 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. This includes usernames, passwords, email addresses, and questions and answers for authentication purposes. 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. In addition, there may be other states with administrative rules and regulations also not covered here (see, e.g., Colorado (, Copyright 2020 by National Conference of State Legislatures. A data collector that owns or licenses, or maintains or stores but does not own or license, records that contain personal information. Adopt and implement cyber security policies, guidelines and standards developed by the Department of Administration. Also requires agencies to complete and submit a cyber risk self-assessment report and manage a plan of action and milestones based on the findings of the cyber risk assessment and business needs. Recent changes to data privacy legislation in the Lone Star State will likely affect the incident response plan of any company that does business in the state. Develop written policies for the proper disposal of personal information once such information is no longer needed. Manufacturers of connected devices sold in California. 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). 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. 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. 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