61.932 Personal information security and breach investigation procedures and

828 words·~4 min read·/ky/61-932

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

practices for certain public agencies and nonaffiliated third parties.

(a)An agency or nonaffiliated third party that maintains or otherwise possesses

personal information, regardless of the form in which the personal information

is maintained, shall implement, maintain, and update security procedures and

practices, including taking any appropriate corrective action, to protect and

safeguard against security breaches.

(b)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. Reasonable security

and breach investigation procedures and practices established and

implemented by units of government listed under KRS 61.931(1)(b) and

that are not organizational units of the executive branch of state government

shall be in accordance with policies established by the Department for Local

Government. The Department for Local Government shall consult with public

entities as defined in KRS 65.310 in the development of policies establishing

reasonable security and breach investigation procedures and practices for units

of local government pursuant to this subsection. Reasonable security and

breach investigation procedures and practices established and implemented by

public school districts listed under KRS 61.931(1)(d) shall be in accordance

with administrative regulations promulgated by the Kentucky Board of

Education. Reasonable security and breach investigation procedures and

practices established and implemented by educational entities listed under

KRS 61.931(1)(e) shall be in accordance with policies established by the

Council on Postsecondary Education. The Commonwealth Office of

Technology shall, upon request of an agency, make available technical

assistance for the establishment and implementation of reasonable security

and breach investigation procedures and practices.

Kentucky Revised Statutes or under federal law, protocols, or

agreements relating to the protection and privacy of personal

information, the agency shall comply with these additional requirements,

in addition to the requirements of KRS 61.931 to 61.934.

2. If a nonaffiliated third party is required by federal law or regulation to

conduct security breach investigations or to make notifications of

security breaches, or both, as a result of the nonaffiliated third party's

unauthorized disclosure of one

(1)or more data elements of personal

information that is the same as one

(1)or more of the data elements of

personal information listed in KRS 61.931(6)(a) to (f), the nonaffiliated

third party shall meet the requirements of KRS 61.931 to 61.934 by

providing to the agency a copy of any and all reports and investigations

relating to such security breach investigations or notifications that are

required to be made by federal law or regulations. This subparagraph

shall not apply if the security breach includes the unauthorized

disclosure of data elements that are not covered by federal law or

regulation but are listed in KRS 61.931(6)(a) to (f).

(a)For agreements executed or amended on or after January 1, 2015, any agency

that contracts with a nonaffiliated third party and that discloses personal

information to the nonaffiliated third party shall require as part of that

agreement that the nonaffiliated third party implement, maintain, and update

security and breach investigation procedures that are appropriate to the nature

of the information disclosed, that are at least as stringent as the security and

breach investigation procedures and practices referenced in subsection (1)(b)

of this section, and that are reasonably designed to protect the personal

information from unauthorized access, use, modification, disclosure,

manipulation, or destruction.

(b)1. A nonaffiliated third party that is provided access to personal

information by an agency, or that collects and maintains personal

information on behalf of an agency shall notify the agency in the most

expedient time possible and without unreasonable delay but within

seventy-two

(72)hours of determination of a security breach relating to

the personal information in the possession of the nonaffiliated third

party. The notice to the agency shall include all information the

nonaffiliated third party has with regard to the security breach at the time

of notification. Agreements referenced in paragraph

(a)of this

subsection shall specify how the cost of the notification and

investigation requirements under KRS 61.933 are to be apportioned

when a security breach is suffered by the agency or nonaffiliated third

party.

2. The notice required by subparagraph 1. of this paragraph may be delayed

if a law enforcement agency notifies the nonaffiliated third party that

notification will impede a criminal investigation or jeopardize homeland

or national security. If notice is delayed pursuant to this subparagraph,

notification shall be given as soon as reasonably feasible by the

nonaffiliated third party to the agency with which the nonaffiliated third

party is contracting. The agency shall then record the notification in

writing on a form developed by the Commonwealth Office of

Technology that the notification will not impede a criminal investigation

and will not jeopardize homeland or national security. The

Commonwealth Office of Technology shall promulgate administrative

regulations under KRS 61.931 to 61.934 regarding the content of the

form.