Currently, 25 U.S. States have their own data privacy laws governing the collection, storage, and use of data collected from their residents. Every agency, department, board, commission, council, institution, separate operating agency or any other operating unit of the executive branch of state government. 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. Encourages the CISO to assess the data systems of each public agency for the benefits and costs of adopting and applying distributed ledger technologies such as blockchains. Every agency and department in the executive branch of state government, including those appointed by their respective boards or the Board of Education. Business or nonprofit entity, including a financial institution, that accesses, maintains, communicates, or handles personal information or restricted information. It is a very complex law with lots of moving parts, but included both data privacy and security sections. 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. We are the nation's most respected bipartisan organization providing states support, ideas, connections and a strong voice on Capitol Hill. 318, Act 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. (9) Review projects, architecture, security, staffing, and expenditures. Individual budget units continue to maintain operational responsibility for information technology security. 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. 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. 7700 East First Place 93.21) (appropriations). (12) Conduct periodic management reviews of information technology activities within state agencies upon request. The answer is a clear and definite no. Any person or business that owns or licenses computerized data which includes private information of a resident of New York. 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. A business: a sole proprietorship, partnership, corporation, association, or any other business entity, whether or not organized to operate at a profit. Provides that governmental agencies that maintain records which contain personal information of a resident of the state, the data collector shall, to the extent practicable, with respect to the collection, dissemination and maintenance of those records, comply with the current version of the CIS Controls as published by the Center for Internet Security, Inc. or its successor organization, or corresponding standards adopted by the National Institute of Standards and Technology (NIST). State agencies in the executive branch of state government, including the Minnesota Office of Higher Education, but not the Minnesota State Colleges and Universities. 17.00-17.04) and New York (23 NYCRR Part 500)) that require businesses to follow specific data security practices. Any entity that maintains, owns, or licenses personal identifying information in the course of the person’s business or occupation. 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. 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. A person that owns or licenses personal identifying information of a New Mexico resident. Each state agency that maintains personal information. The following state laws are included: California State Law (§ 1798.91.04) - CA § 1798.91.04 - Security of Connected Devices. Requires each city or county to maintain a cybersecurity incident response plan. 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. The CIO shall also develop policies, procedures, and standards that address the scope of security audits and the frequency of such security audits. At least 31 states have already established laws regulating the secure destruction or disposal of personal information. Data Security Laws for Companies and Insurers - This import pack contains multiple state data security regulations. 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 … Washington, D.C. 20001 Thales enables state and local government agencies to address data security and privacy laws and avoid breach disclosure. A person or entity that owns, licenses, maintains, handles, or otherwise possesses personal information of an individual residing in the District. Covered entities (sole proprietorship, partnership, corporation, trust, estate, cooperative, association, or other commercial entity) and. 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. W.V. This is the second in a two-part series addressing recent developments in state privacy and data security laws. Implements technical compliance to state-owned technology as required by law or as recommended by private industry standards. 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. In this post, we look at current and proposed state data security laws and consider their potential impact. 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. 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. Conduct an annual information security risk assessment to identify vulnerabilities associated with the information system. 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 … The CCPA will impose certain duties on entities or persons that collect information ab… Any person who conducts business in the state and owns, licenses, or maintains personal information. Take reasonable steps to maintain the security and privacy of a consumer's personally identifiable information. Cybersecurity audit. 2018-19 H.B. Exempts judicial and legislative branches. Washington, D.C. 20001 Each state agency that has an information technology system. 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). Cyber-security laws at the state level are a complexity every employer needs to understand, due to the reach of the legislation. 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. 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. Requires the agency to develop IT and cybersecurity policies and to conduct a security assessment for certain new IT projects. And at least 12 states—Arkansas, California, Connecticut, Florida, Indiana, Maryland, Massachusetts, Nevada, … §§ 87-801-807 (2018 L.B. This article addresses new laws about student privacy, enforcement/ punishment for data privacy and security violations, and miscellaneous data privacy and security-centered laws. 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. 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. 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. Register annually with the Secretary of State. In addition to the laws listed here, at least 24 states also have data security laws that apply to private entities. First, every state has a statute concerning cyber-security and data privacy, as you can see from the chart below. Provides for an information security plan for communication and information resources that support the operations and assets of the general assembly. Requirements for the content of the notice. 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). 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. An increasing number of laws also require specific measures to to protect sensitive information from unauthorized access, destruction, use, modification, or disclosure. 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. 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. Data security laws have been passed by numerous states as businesses encourage Congress to pass federal data security laws. 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. We are the nation's most respected bipartisan organization providing states support, ideas, connections and a strong voice on Capitol Hill. 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. 7700 East First Place 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. Implement and maintain a comprehensive information security program to safeguard the personal information of insureds and enrollees that is compiled or maintained by such company. 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. As part of this function, the state Chief Information Officer shall review periodically existing security standards and practices in place among the various state agencies to determine whether those standards and practices meet statewide security and encryption requirements. 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 … You consent to the use of cookies if you use this website. §§ 24-37.5-403, -404, -404.5, -405, Public agencies, institutions of higher education, General Assembly. Provides for a chief information security officer (CISO) who is responsible for the implementation of such policies and procedures. These amendments enhance data breach protection for biometric data, account numbers, credit or debit card numbers with no security code, and personal information. At least 25 states have laws that address data security practices of private sector entities. A data collector that owns or licenses, or maintains or stores but does not own or license, records that contain personal information. This includes usernames, passwords, email addresses, and questions and answers for authentication purposes. 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. 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. Specifically, New York’s Stop Hacks and Improve Electronic Data Security Act, effective March 2020, and Massachusetts’ 2007 data security law … C.R.S. Third-party agent (entity that has been contracted to maintain, store, or process personal information on behalf of a covered entity or governmental entity). All states have security measures in place to protect data and systems. 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. Develop written policies for the proper disposal of personal information once such information is no longer needed. Public agencies and nonaffiliated third parties. Requires each state agency to implement cybersecurity strategy incident response standards to secure its critical infrastructure controls and critical infrastructure information. Nevertheless, it is the most stringent of the U.S. state level data protection laws and is expected to be followed by other states before it comes into force. Telecommunications Technology and Regulation, data security laws that apply to state agencies or other governmental entities. Failure to comply with the requirements of this subsection may result in funding being withheld from the agency. Tel: 303-364-7700 | Fax: 303-364-7800, 444 North Capitol Street, N.W., Suite 515 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. 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. 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. This website uses cookies to analyze traffic and for other purposes. Code of Regs. 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. This site provides general comparative information only and should not be relied upon or construed as legal advice. 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. Requires a licensee to develop, implement and maintain a comprehensive information security program based on the licensee’s risk assessment. Provides for the appointment of a statewide chief information security officer to manage the statewide information security and privacy office. The final information security risk assessment report shall identify, prioritize, and document information security vulnerabilities for each of the state agencies assessed. Authorizes regulations to ensure the security and confidentiality of customer information in a manner fully consistent with industry standards. 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. The Georgia Technology Authority shall have the following powers. 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. Code § 5A-6B-1 et seq. 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. 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. Rim, including Peru, Chile, and document information security officer ( )... 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