House File 2107 - Introduced



                                       HOUSE FILE       
                                       BY  WISE


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act to require notification of a breach of the security of a
  2    system of computerized data containing personal information
  3    and providing for civil remedies.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5634HH 81
  6 kk/sh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  715C.1  DEFINITIONS.
  1  2    As used in this chapter, unless the context otherwise
  1  3 requires:
  1  4    1.  "Breach of the security of the system" means
  1  5 unauthorized acquisition of computerized data that compromises
  1  6 the security, confidentiality, or integrity of personal
  1  7 information maintained by an information holder.  Good faith
  1  8 acquisition of personal information by an employee or agent of
  1  9 the information holder for the purposes of the information
  1 10 holder is not a breach of the security of the system, provided
  1 11 that the personal information is not used or subject to
  1 12 further unauthorized disclosure.
  1 13    2.  "Information holder" means any person that conducts
  1 14 business in this state, or any agency of this state or any of
  1 15 its political subdivisions, that owns or licenses computerized
  1 16 data that includes personal information.
  1 17    3.  "Personal information" means a person's first name, or
  1 18 first initial, and last name in combination with any one or
  1 19 more of the following data elements, when either the name or
  1 20 the data elements are not encrypted:
  1 21    a.  Social security number.
  1 22    b.  Driver's license or nonoperator's identification card
  1 23 number.
  1 24    c.  Account number or credit or debit card number, in
  1 25 combination with any required security code, access code, or
  1 26 password that would permit access to a person's financial
  1 27 account.
  1 28    "Personal information" does not include publicly available
  1 29 information that is lawfully made available to the general
  1 30 public from federal, state, or local government records.
  1 31    Sec. 2.  NEW SECTION.  715C.2  DISCLOSURE OF BREACH OF
  1 32 SECURITY.
  1 33    1.  An information holder shall disclose any breach of the
  1 34 security of the system following discovery or notification of
  1 35 the breach in the security of the data held by the information
  2  1 holder to any resident of this state whose personal
  2  2 information was, or is reasonably believed to have been,
  2  3 acquired by an unauthorized person.  The disclosure shall be
  2  4 made in the most expedient manner possible and without
  2  5 unreasonable delay, consistent with the legitimate needs of
  2  6 law enforcement, as provided in subsection 3, or any measures
  2  7 necessary to determine the scope of the breach and restore the
  2  8 reasonable integrity of the data system.
  2  9    2.  An information holder that maintains computerized data
  2 10 that includes personal information that the information holder
  2 11 does not own shall notify the owner or licensee of the
  2 12 information of any breach of the security of the data
  2 13 immediately following discovery if the personal information
  2 14 was, or is reasonably believed to have been, acquired by an
  2 15 unauthorized person.
  2 16    3.  The notification required by this section may be
  2 17 delayed if a law enforcement agency determines that the
  2 18 notification will impede a criminal investigation.  The
  2 19 notification required by this section shall be made after the
  2 20 law enforcement agency determines that it will not compromise
  2 21 the investigation.
  2 22    4.  For purposes of this section, notice shall be provided
  2 23 by one of the following methods:
  2 24    a.  Written notice.
  2 25    b.  Electronic notice, if the notice provided is consistent
  2 26 with the provisions regarding electronic records and
  2 27 signatures set forth in chapter 554D and 15 U.S.C. } 7001.
  2 28    c.  Substitute notice, if the information holder
  2 29 demonstrates that the cost of providing notice would exceed
  2 30 two hundred fifty thousand dollars, or that the affected class
  2 31 of subject persons to be notified exceeds five hundred
  2 32 thousand persons, or the information holder does not have
  2 33 sufficient contact information.  Substitute notice shall
  2 34 consist of all of the following:
  2 35    (1)  Notice by electronic mail when the information holder
  3  1 has an electronic mail address for the subject person.
  3  2    (2)  Conspicuous posting of the notice on the information
  3  3 holder's internet website, if the information holder maintains
  3  4 an internet website.
  3  5    (3)  Notification to major statewide media.
  3  6    5.  Notwithstanding subsection 4, an information holder
  3  7 that maintains its own notification procedures as part of an
  3  8 information security policy for the treatment of personal
  3  9 information and is otherwise consistent with the timing
  3 10 requirements of this section shall be deemed to be in
  3 11 compliance with the notification requirements of this section
  3 12 if the information holder notifies subject persons in
  3 13 accordance with its policies in the event of a breach of
  3 14 security of the system.
  3 15    Sec. 3.  NEW SECTION.  715C.3  REMEDIES.
  3 16    1.  Any person who is neither an agency of this state nor a
  3 17 political subdivision of this state, and who is injured by a
  3 18 violation of this chapter, may institute a civil action to
  3 19 recover actual damages, court costs, interest, and attorney
  3 20 fees, and to enjoin the information holder from further action
  3 21 in violation of this chapter.
  3 22    2.  The rights and remedies available under this section
  3 23 are cumulative to each other and to any other rights and
  3 24 remedies available under law.
  3 25                           EXPLANATION
  3 26    This bill requires an information holder that owns or
  3 27 licenses computerized data that includes personal information
  3 28 to disclose any breach of the person's security of the data to
  3 29 those residents of this state whose personal information was
  3 30 or may have been acquired by an unauthorized person.  An
  3 31 "information holder" is defined as any person that conducts
  3 32 business in this state and includes a state agency or a
  3 33 political subdivision of the state.  The bill requires an
  3 34 information holder that maintains computerized data that
  3 35 includes personal information that the information holder does
  4  1 not own to notify the owner of the data of any breach in the
  4  2 security of the data.
  4  3    The notification shall be provided immediately unless a law
  4  4 enforcement agency determines that the notification will
  4  5 impede a criminal investigation.  The notice may be made in
  4  6 writing, through electronic means, or by substitute notice as
  4  7 defined by the bill.
  4  8    The bill provides that a person who is injured by the
  4  9 failure to be notified of a security breach required by the
  4 10 bill may file a civil action for an injunction and actual
  4 11 damages, attorney fees, interest, and court costs.
  4 12 LSB 5634HH 81
  4 13 kk:nh/sh/8