On August 2, 2019, New Hampshire Governor Chris Sununu signed into law SB 194 (the “Bill”), which requires insurers licensed in the state (“licensees”) to put in place data security programs and report cybersecurity events. Although the Bill takes effect January 1, 2020, licensees have one year from the effective date to implement relevant cybersecurity requirements and two years from the effective date to ensure that their third-party vendors also implement appropriate safeguards to protect and secure the information systems and nonpublic information accessible to, or held by, the third-party service providers.
Key provisions of the Bill include:
- Information Security Program. The Bill requires licensees to develop, implement and maintain, based on risk assessments, information security programs that contain administrative, technical and physical safeguards for the protection of nonpublic information and the licensee’s information system. The information security program must “mitigate . . . identified risks” and, among other enumerated requirements, be designed to “define and periodically reevaluate a schedule for retention of nonpublic information and a mechanism for its destruction when no longer needed.”
Nonpublic information is defined as information that is not publicly available information and is “any information concerning a consumer[,] which . . . can be used to identify such consumer, in combination with” Social Security number, driver’s license or non-driver identification card number, financial account or credit or debit card number, a security or access code or password that would permit access to a financial account, or biometric information. The term also includes certain healthcare information that can be used to identify a particular consumer.
- Incident Response Plan. As part of the information security program, licensees also must establish a written incident response plan aimed at promptly responding to and recovering from cybersecurity events that compromise the confidentiality, integrity or availability of nonpublic information it possesses, the licensee’s information systems or the continuing functionality of any aspect of the licensee’s business or operations.
- Breach Notification. Licensees also must notify the state insurance commissioner of a cybersecurity event within three business days of a determination that a cybersecurity event has occurred when the licensee is domiciled in New Hampshire or if the cybersecurity event is reasonably believed to have affected at least 250 New Hampshire residents, among other criteria. The notification must provide certain content, including: (1) the date of the cybersecurity event; (2) a description of how the information was compromised and how the breach was discovered; (3) a description of the specific types of information compromised; (4) the approximate number of affected New Hampshire residents; (5) a copy of the licensee’s privacy policy and a statement outlining the steps the licensee will take to investigate and notify consumers affected by the breach; (6) the name of a contact person; and (7) a copy of the notice sent to consumers. The Bill requires licensees to notify consumers pursuant to certain provisions of New Hampshire’s breach notification law.
- Recordkeeping. Licensees must maintain records concerning all cybersecurity events for a period of at least five years from the date of the cybersecurity event. In addition, each insurer domiciled in the state must submit an annual written statement by March 1 that certifies that the insurer is in compliance with the requirements set forth. These certifications, including supporting records, schedules and data, must be kept for a period of five years.
The state insurance commissioner may take “necessary or appropriate” action to enforce the new law. Violations of the provisions may result in the suspension or revocation of a licensee’s certificate of authority or license, or an administrative fine of up to $2,500 per violation.
Search
Recent Posts
- D.C. Circuit Upholds Protecting Americans’ Data from Foreign Adversary Controlled Applications Act as TikTok Ban Dispute Edges Closer to Supreme Court
- FTC Issues Proposed Consent Order Against IntelliVision for False or Misleading Claims about Its AI Facial Recognition Technology
- Agencies Focus on National Security and AI Directives Pursuant to Executive Orders
Categories
- Behavioral Advertising
- Centre for Information Policy Leadership
- Children’s Privacy
- Cyber Insurance
- Cybersecurity
- Enforcement
- European Union
- Events
- FCRA
- Financial Privacy
- General
- Health Privacy
- Identity Theft
- Information Security
- International
- Marketing
- Multimedia Resources
- Online Privacy
- Security Breach
- U.S. Federal Law
- U.S. State Law
- Workplace Privacy
Tags
- Aaron Simpson
- Accountability
- Adequacy
- Advertisement
- Advertising
- American Privacy Rights Act
- Anna Pateraki
- Anonymization
- Anti-terrorism
- APEC
- Apple Inc.
- Argentina
- Arkansas
- Article 29 Working Party
- Artificial Intelligence
- Australia
- Austria
- Automated Decisionmaking
- Baltimore
- Bankruptcy
- Belgium
- Biden Administration
- Big Data
- Binding Corporate Rules
- Biometric Data
- Blockchain
- Bojana Bellamy
- Brazil
- Brexit
- British Columbia
- Brittany Bacon
- Brussels
- Business Associate Agreement
- BYOD
- California
- CAN-SPAM
- Canada
- Cayman Islands
- CCPA
- CCTV
- Chile
- China
- Chinese Taipei
- Christopher Graham
- CIPA
- Class Action
- Clinical Trial
- Cloud
- Cloud Computing
- CNIL
- Colombia
- Colorado
- Committee on Foreign Investment in the United States
- Commodity Futures Trading Commission
- Compliance
- Computer Fraud and Abuse Act
- Congress
- Connecticut
- Consent
- Consent Order
- Consumer Protection
- Cookies
- COPPA
- Coronavirus/COVID-19
- Council of Europe
- Council of the European Union
- Court of Justice of the European Union
- CPPA
- CPRA
- Credit Monitoring
- Credit Report
- Criminal Law
- Critical Infrastructure
- Croatia
- Cross-Border Data Flow
- Cyber Attack
- Cybersecurity
- Cybersecurity and Infrastructure Security Agency
- Data Brokers
- Data Controller
- Data Localization
- Data Privacy Framework
- Data Processor
- Data Protection Act
- Data Protection Authority
- Data Protection Impact Assessment
- Data Transfer
- David Dumont
- David Vladeck
- Delaware
- Denmark
- Department of Commerce
- Department of Health and Human Services
- Department of Homeland Security
- Department of Justice
- Department of the Treasury
- District of Columbia
- Do Not Call
- Do Not Track
- Dobbs
- Dodd-Frank Act
- DPIA
- E-Privacy
- E-Privacy Directive
- Ecuador
- Ed Tech
- Edith Ramirez
- Electronic Communications Privacy Act
- Electronic Privacy Information Center
- Elizabeth Denham
- Employee Monitoring
- Encryption
- ENISA
- EU Data Protection Directive
- EU Member States
- European Commission
- European Data Protection Board
- European Data Protection Supervisor
- European Parliament
- Facial Recognition Technology
- FACTA
- Fair Credit Reporting Act
- Fair Information Practice Principles
- Federal Aviation Administration
- Federal Bureau of Investigation
- Federal Communications Commission
- Federal Data Protection Act
- Federal Trade Commission
- FERC
- FinTech
- Florida
- Food and Drug Administration
- Foreign Intelligence Surveillance Act
- France
- Franchise
- Fred Cate
- Freedom of Information Act
- Freedom of Speech
- Fundamental Rights
- GDPR
- Geofencing
- Geolocation
- Georgia
- Germany
- Global Privacy Assembly
- Global Privacy Enforcement Network
- Gramm Leach Bliley Act
- Hacker
- Hawaii
- Health Data
- Health Information
- HIPAA
- HIPPA
- HITECH Act
- Hong Kong
- House of Representatives
- Hungary
- Illinois
- India
- Indiana
- Indonesia
- Information Commissioners Office
- Information Sharing
- Insurance Provider
- Internal Revenue Service
- International Association of Privacy Professionals
- International Commissioners Office
- Internet
- Internet of Things
- IP Address
- Ireland
- Israel
- Italy
- Jacob Kohnstamm
- Japan
- Jason Beach
- Jay Rockefeller
- Jenna Rode
- Jennifer Stoddart
- Jersey
- Jessica Rich
- John Delionado
- John Edwards
- Kentucky
- Korea
- Latin America
- Laura Leonard
- Law Enforcement
- Lawrence Strickling
- Legislation
- Liability
- Lisa Sotto
- Litigation
- Location-Based Services
- London
- Madrid Resolution
- Maine
- Malaysia
- Markus Heyder
- Maryland
- Massachusetts
- Meta
- Mexico
- Microsoft
- Minnesota
- Mobile App
- Mobile Device
- Montana
- Morocco
- MySpace
- Natascha Gerlach
- National Institute of Standards and Technology
- National Labor Relations Board
- National Science and Technology Council
- National Security
- National Security Agency
- National Telecommunications and Information Administration
- Nebraska
- NEDPA
- Netherlands
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- New Zealand
- Nigeria
- Ninth Circuit
- North Carolina
- Norway
- Obama Administration
- OECD
- Office for Civil Rights
- Office of Foreign Assets Control
- Ohio
- Oklahoma
- Opt-In Consent
- Oregon
- Outsourcing
- Pakistan
- Parental Consent
- Payment Card
- PCI DSS
- Penalty
- Pennsylvania
- Personal Data
- Personal Health Information
- Personal Information
- Personally Identifiable Information
- Peru
- Philippines
- Phyllis Marcus
- Poland
- PRISM
- Privacy By Design
- Privacy Policy
- Privacy Rights
- Privacy Rule
- Privacy Shield
- Protected Health Information
- Ransomware
- Record Retention
- Red Flags Rule
- Regulation
- Rhode Island
- Richard Thomas
- Right to Be Forgotten
- Right to Privacy
- Risk-Based Approach
- Rosemary Jay
- Russia
- Safe Harbor
- Sanctions
- Schrems
- Scott H. Kimpel
- Scott Kimpel
- Securities and Exchange Commission
- Security Rule
- Senate
- Serbia
- Service Provider
- Singapore
- Smart Grid
- Smart Metering
- Social Media
- Social Security Number
- South Africa
- South Carolina
- South Dakota
- South Korea
- Spain
- Spyware
- Standard Contractual Clauses
- State Attorneys General
- Steven Haas
- Stick With Security Series
- Stored Communications Act
- Student Data
- Supreme Court
- Surveillance
- Sweden
- Switzerland
- Taiwan
- Targeted Advertising
- Telecommunications
- Telemarketing
- Telephone Consumer Protection Act
- Tennessee
- Terry McAuliffe
- Texas
- Text Message
- Thailand
- Transparency
- Transportation Security Administration
- Trump Administration
- United Arab Emirates
- United Kingdom
- United States
- Unmanned Aircraft Systems
- Uruguay
- Utah
- Vermont
- Video Privacy Protection Act
- Video Surveillance
- Virginia
- Viviane Reding
- Washington
- Whistleblowing
- Wireless Network
- Wiretap
- ZIP Code