Florida Updates Breach Law

-Effective July 1, 2014-

 On June 20, 2014, Florida Governor Rick Scott signed into law the Florida Information Protection Act of 2014. The legislation beefs up the definition of what will trigger a notification response. The definition of personal information is now defined as an individual’s first name, first initial and last name, or any middle name and last name, in combination with any one or more of these data elements:

-SSN

-DL number or ID number, passport number, military ID number or other similar number issued on a government document

-Financial account number or credit/debit card number in combination with security/access code or password

-Any information regarding a person’s medical history, mental/physical condition or treatment/diagnosis

-Health insurance policy number or subscriber number

-User name or email address, in combination with a password or security question (that would permit access)

The law requires notification following a breach “without unreasonable delay,” and no later than 30 days following the determination of a breach (with certain exceptions). If the notification affects more than 1,000 persons at a single time, notice must also be given to consumer reporting agencies. The act now uses the definition “covered entity” to describe the organizations impacted; covered entity includes a sole proprietorship, partnership, corporation, trust, estate, cooperative, association or other commercial entity that acquires, maintains, stores, or uses personal information. (For certain purposes, this includes governmental entities). The act addresses customer records and data (electronic format). Notice is to be provided to the Department of Legal Affairs of any breach affecting 500 or more individuals, no later than 30 days after the determination of a breach (or reason to believe there was a breach).

In addition to describing the incident and who was affected, the reporting entity must include a police or incident report or computer forensics report, a copy of policies in place regarding breaches, and steps taken to rectify the breach.

The law provides quite a few more rigorous requirements involving security and how entities are to provide a breach response. The Attorney General “thanked” the Governor for enacting the law quoting other legislators who commented that the act “will better protect the confidential personal information of Floridians and hold accountable those who attempt to compromise the security of that information.” The AG notes that the law also requires covered entities “to take reasonable measures to protect Floridians’ personal information and [to] properly dispose of customer records.”

See text at:

http://www.flsenate.gov/Session/Bill/2014/1524

See also commentary about why this law could be model for a comprehensive federal law (reasonable data protection; secure disposal; unauthorized access triggers notification; scale of notification requirements; PII includes medical history, insurance ID; 30-day notification deadline; documentation of investigation; schedule for penalties).

http://www.idt911.com/KnowledgeCenter/NewsRoom/NewsRoomDetail.aspx?a=6E04A83A-6EE4-4806-AA26-6623B82FAB65

 

 

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