Senate Bill 6187 - Data Breach Notification, Personal Information (State of Washington, 66th Legislature)

Summary

Senate Bill 6187 of the State of Washington, 66th Legislature, by Senator Zeiger, prefiled 01/09/20. It is an act relating to modifying the definition of personal information for notifying the public about data breaches of a state or local agency system, and it amends RCW 42.56.590. The amended text requires an agency that owns or licenses data that includes personal information to disclose a breach of the security of the system to any resident whose information was, or is reasonably believed to have been, acquired by an unauthorized person. It states that substitute notice may be used if the cost of providing notice would exceed two hundred fifty thousand dollars.

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Full text

     S-4777.3

                               SENATE BILL 6187


     State of Washington       66th Legislature       2020 Regular Session

     By Senator Zeiger

     Prefiled 01/09/20.




 1       AN ACT Relating to modifying the definition of personal
 2   information for notifying the public about data breaches of a state
 3   or local agency system; and amending RCW 42.56.590.


 4   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:


 5       Sec. 1.   RCW 42.56.590 and 2019 c 241 s 5 are each amended to
 6   read as follows:
 7       (1) Any agency that owns or licenses data that includes personal
 8   information shall disclose any breach of the security of the system
 9   to any resident of this state whose personal information was, or is
10   reasonably believed to have been, acquired by an unauthorized person
11   and the personal information was not secured. Notice is not required
12   if the breach of the security of the system is not reasonably likely
13   to subject consumers to a risk of harm. The breach of secured
14   personal information must be disclosed if the information acquired
15   and accessed is not secured during a security breach or if the
16   confidential process, encryption key, or other means to decipher the
17   secured information was acquired by an unauthorized person.
18       (2) Any agency that maintains or possesses data that may include
19   personal information that the agency does not own or license shall
20   notify the owner or licensee of the information of any breach of the
21   security of the data immediately following discovery, if the personal
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 1   information was, or is reasonably believed to have been, acquired by
 2   an unauthorized person.
 3       (3) The notification required by this section may be delayed if
 4   the data owner or licensee contacts a law enforcement agency after
 5   discovery of a breach of the security of the system and a law
 6   enforcement agency determines that the notification will impede a
 7   criminal investigation. The notification required by this section
 8   shall be made after the law enforcement agency determines that it
 9   will not compromise the investigation.
10       (4) For purposes of this section and except under subsection (5)
11   of this section and RCW 42.56.592, notice may be provided by one of
12   the following methods:
13       (a) Written notice;
14       (b) Electronic notice, if the notice provided is consistent with
15   the provisions regarding electronic records and signatures set forth
16   in 15 U.S.C. Sec. 7001; or
17       (c) Substitute notice, if the agency demonstrates that the cost
18   of providing notice would exceed two hundred fifty thousand dollars,
19   or that the affected class of subject persons to be notified exceeds
20   five hundred thousand, or the agency does not have sufficient contact
21   information. Substitute notice shall consist of all of the following:
22       (i) Email notice when the agency has an email address for the
23   subject persons;
24       (ii) Conspicuous posting of the notice on the agency's web site
25   page, if the agency maintains one; and
26       (iii) Notification to major statewide media.
27       (5) An agency that maintains its own notification procedures as
28   part of an information security policy for the treatment of personal
29   information and is otherwise consistent with the timing requirements
30   of this section is in compliance with the notification requirements
31   of this section if it notifies subject persons in accordance with its
32   policies in the event of a breach of security of the system.
33       (6) Any agency that is required to issue notification pursuant to
34   this section shall meet all of the following requirements:
35       (a) The notification must be written in plain language; and
36       (b) The notification must include, at a minimum, the following
37   information:
38       (i) The name and contact information of the reporting agency
39   subject to this section;


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 1       (ii) A list of the types of personal information that were or are
 2   reasonably believed to have been the subject of a breach;
 3       (iii) A time frame of exposure, if known, including the date of
 4   the breach and the date of the discovery of the breach; and
 5       (iv) The toll-free telephone numbers and addresses of the major
 6   credit reporting agencies if the breach exposed personal information.
 7       (7) Any agency that is required to issue a notification pursuant
 8   to this section to more than five hundred Washington residents as a
 9   result of a single breach shall notify the attorney general of the
10   breach no more than thirty days after the breach was discovered.
11       (a) The notice to the attorney general must include the following
12   information:
13       (i) The number of Washington residents affected by the breach, or
14   an estimate if the exact number is not known;
15       (ii) A list of the types of personal information that were or are
16   reasonably believed to have been the subject of a breach;
17       (iii) A time frame of exposure, if known, including the date of
18   the breach and the date of the discovery of the breach;
19       (iv) A summary of steps taken to contain the breach; and
20       (v) A single sample copy of the security breach notification,
21   excluding any personally identifiable information.
22       (b) The notice to the attorney general must be updated if any of
23   the information identified in (a) of this subsection is unknown at
24   the time notice is due.
25       (8) Notification to affected individuals must be made in the most
26   expedient time possible, without unreasonable delay, and no more than
27   thirty calendar days after the breach was discovered, unless the
28   delay is at the request of law enforcement as provided in subsection
29   (3) of this section, or the delay is due to any measures necessary to
30   determine the scope of the breach and restore the reasonable
31   integrity of the data system. An agency may delay notification to the
32   consumer for up to an additional fourteen days to allow for
33   notification to be translated into the primary language of the
34   affected consumers.
35       (9) For purposes of this section, "breach of the security of the
36   system" means unauthorized acquisition of data that compromises the
37   security, confidentiality, or integrity of personal information
38   maintained by the agency. Good faith acquisition of personal
39   information by an employee or agent of the agency for the purposes of
40   the agency is not a breach of the security of the system when the
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 1   personal information is not used or subject to further unauthorized
 2   disclosure.
 3       (10)(a) For purposes of this section, "personal information"
 4   means:
 5       (i) An individual's first name or first initial and last name in
 6   combination with any one or more of the following data elements:
 7       (A) Social security number or the last four digits of the social
 8   security number;
 9       (B) Driver's license number or Washington identification card
10   number;
11       (C) Account number, credit or debit card number, or any required
12   security code, access code, or password that would permit access to
13   an individual's financial account, or any other numbers or
14   information that can be used to access a person's financial account;
15       (D) Full date of birth;
16       (E) Private key that is unique to an individual and that is used
17   to authenticate or sign an electronic record;
18       (F) Student, military, or passport identification number;
19       (G)   Health  insurance   policy   number  or   health   insurance
20   identification number;
21       (H) Any information about a consumer's medical history or mental
22   or physical condition or about a health care professional's medical
23   diagnosis or treatment of the consumer; or
24       (I) Biometric data generated by automatic measurements of an
25   individual's biological characteristics, such as a fingerprint,
26   voiceprint, eye retinas, irises, or other unique biological patterns
27   or characteristics that is used to identify a specific individual;
28       (ii) User name or email address in combination with a password or
29   security questions and answers that would permit access to an online
30   account; and
31       (iii) Any of the data elements or any combination of the data
32   elements described in (a)(i) of this subsection without the
33   consumer's first name or first initial and last name if:
34       (A) Encryption, redaction, or other methods have not rendered the
35   data element or combination of data elements unusable; and
36       (B) The data element or combination of data elements would enable
37   a person to commit identity theft against a consumer.
38       (b) Personal information does not include publicly available
39   information that is lawfully made available to the general public
40   from federal, state, or local government records.
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1       (11) For purposes of this section, "secured" means encrypted in a
2   manner that meets or exceeds the national institute of standards and
3   technology standard or is otherwise modified so that the personal
4   information is rendered unreadable, unusable, or undecipherable by an
5   unauthorized person.

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