393A.820 Security of information.
262 words·~1 min read·
/ky/chapter-393a/393a-820A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)If a holder is required to include confidential information in a report to the
administrator, the information shall be provided by a secure means.
(2)If confidential information in a record is provided to and maintained by the
administrator or administrator's agent as required by this chapter, the administrator
or agent shall:
(a)Implement administrative, technical, and physical safeguards to protect the
security, confidentiality, and integrity of the information as required by KRS
365.720 to 365.730 and federal privacy and data security law, whether or not
the administrator or the administrator's agent is subject to the law;
(b)Protect against reasonably anticipated threats or hazards to the security,
confidentiality, or integrity of the information; and
(c)Protect against unauthorized access to or use of the information which could
result in substantial harm or inconvenience to a holder or the holder's
customers, including insureds, annuitants, and policy or contract owners and
their beneficiaries.
(3)The administrator:
(a)After notice and comment, shall adopt and implement a security plan that
identifies and assesses reasonably foreseeable internal and external risks to
confidential information in the administrator's possession and seeks to
mitigate the risks; and
(b)Shall ensure that an administrator's agent adopts and implements a similar
plan with respect to confidential information in the agent's possession.
(4)The administrator and the administrator's agent shall educate and train their
employees regarding the plan adopted under subsection
(3)of this section.
(5)The administrator and the administrator's agent shall in a secure manner return or
destroy all confidential information no longer reasonably needed under this chapter.