Provides for an information security plan for communication and information resources that support the operations and assets of the general assembly. 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. 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. Develop, implement and maintain reasonable safeguards to protect the security, confidentiality and integrity of private information including, but not limited to, disposal of data. 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. State agencies in the executive branch of state government, including the Minnesota Office of Higher Education, but not the Minnesota State Colleges and Universities. Such policies, procedures, and standards will apply to the commonwealth's executive, legislative, and judicial branches, and independent agencies and institutions of higher education. Thales enables state and local government agencies to address data security and privacy laws and avoid breach disclosure. Pop quiz, do Canadians and Americans approach cyber security the same way? State and Local Government . Also provides for implementing a process for detecting, reporting, and responding to security incidents. 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. The nation’s patchwork of state data breach notification laws is now complete. An increasing number of laws also require specific measures to to protect sensitive information from unauthorized access, destruction, use, modification, or disclosure. This site provides general comparative information only and should not be relied upon or construed as legal advice. Every agency, department, board, commission, council, institution, separate operating agency or any other operating unit of the executive branch of state government. This is the second in a two-part series addressing recent developments in state privacy and data security laws. 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. 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. Take reasonable steps to maintain the security and privacy of a consumer's personally identifiable information. 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. Implement and maintain reasonable security procedures and practices appropriate to the nature of the information. 17.00-17.04) and New York (23 NYCRR Part 500)) that require businesses to follow specific data security practices. Any person or business that owns or licenses computerized data which includes private information of a resident of New York. 757). In a related area, more than half the states also have enacted data disposal laws that require entities to destroy or dispose of personal information so that it is unreadable or indecipherable. This site provides general comparative information only. 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. 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. Any entity that maintains, owns, or licenses personal identifying information in the course of the person’s business or occupation. A Social Security number, A driver’s license number; A state issued ID, Private banking related information. 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. 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. 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. 318, Act No. 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. Cybersecurity audit. We are the nation's most respected bipartisan organization providing states support, ideas, connections and a strong voice on Capitol Hill. Personal information would not include what would be generally considered publicly available. 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. 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. Exempts judicial and legislative branches. 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. Currently, 25 U.S. States have their own data privacy laws governing the collection, storage, and use of data collected from their residents. A business that owns or licenses computerized unencrypted personal information. 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. (2018) California State Law (§ 1898.81.5) - CA § 1898.81.5 - … (10) Develop and maintain policies, procedures, and guidelines for the effective and secure use of information technology in state government. Requires each state agency, institution of higher education, the legislature, and the judiciary to develop an information technology security program that adheres to the office's security standards and policies. The state CIO shall review and revise the security standards annually. Also authorizes the office to perform technology reviews and make recommendations for improving management and program effectiveness pertaining to technology; and to review and coordinate the purchase of technology by state agencies. 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. Provides for hiring and training of a chief information security officer for each government entity. Any person who conducts business in the state and maintains personal information. Specifically, New York’s Stop Hacks and Improve Electronic Data Security Act, effective March 2020, and Massachusetts’ 2007 data security law … The data protection part of HIPAA is found in The Security Rule. 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. 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. HIPAA. 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). A data collector that maintains records that contain personal information. 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. 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. Data brokers--businesses that knowingly collect and license the personal information of consumers with whom such businesses do not have a direct relationship. 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 data collector that owns or licenses, or maintains or stores but does not own or license, records that contain personal information. 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. A business that owns, licenses, or maintains personal information. These recent enactments tend to require a statewide, comprehensive approach to security and security oversight. Any health insurer, health care center or other entity licensed to do health insurance business in the state. A person to whom a data collector discloses personal information. Conduct an annual information security risk assessment to identify vulnerabilities associated with the information system. 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. 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. 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. 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). You consent to the use of cookies if you use this website. 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. This article addresses new laws about student privacy, enforcement/ punishment for data privacy and security violations, and miscellaneous data privacy and security-centered laws. Adopt and implement cyber security policies, guidelines and standards developed by the Department of Administration. 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. 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. Business or nonprofit entity, including a financial institution, that accesses, maintains, communicates, or handles personal information or restricted information. Any person who conducts business in the state and owns, licenses, or maintains personal information. 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 … 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. 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