2022 -- S 2664

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LC005125

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO CRIMINAL OFFENSES -- IDENTITY THEFT PROTECTION ACT OF 2015

     

     Introduced By: Senators DiPalma, Acosta, Murray, Burke, Kallman, Ciccone, Seveney,
Euer, and de la Cruz

     Date Introduced: March 10, 2022

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 11-49.3-3 and 11-49.3-4 of the General Laws in Chapter 11-49.3

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entitled "Identity Theft Protection Act of 2015" are hereby amended to read as follows:

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     11-49.3-3. Definitions.

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     (a) The following definitions apply to this section:

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     (1) "Breach of the security of the system" means unauthorized access or acquisition of

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unencrypted, computerized data information that compromises the security, confidentiality, or

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integrity of personal information maintained by the municipal agency, state agency, or person.

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Good-faith acquisition of personal information by an employee or agent of the agency for the

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purposes of the agency is not a breach of the security of the system; provided, that the personal

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information is not used or subject to further unauthorized disclosure.

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     (2) "Encrypted" means the transformation of data through the use of a one hundred twenty-

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eight (128) bit or higher algorithmic process into a form in which there is a low probability of

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assigning meaning without use of a confidential process or key. Data shall not be considered to be

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encrypted if it is acquired in combination with any key, security code, or password that would

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permit access to the encrypted data.

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     (3) "Health insurance information" means an individual's health insurance policy number,

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subscriber identification number, or any unique identifier used by a health insurer to identify the

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individual.

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     (4) "Medical information" means any information regarding an individual's medical

 

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history, mental or physical condition, or medical treatment or diagnosis by a healthcare professional

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or provider.

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     (5) "Municipal agency" means any department, division, agency, commission, board,

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office, bureau, authority, quasi-public authority, or school, fire, or water district within Rhode

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Island, other than a state agency, and any other agency that is in any branch of municipal

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government and exercises governmental functions other than in an advisory nature.

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     (6) "Owner" means the original collector of the information.

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     (7) "Person" shall include any individual, sole proprietorship, partnership, association,

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corporation, joint venture, business, legal entity, trust, estate, cooperative, or other commercial

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entity.

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     (8) "Personal information" means an individual's first name or first initial and last name in

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combination with any one or more of the following data elements, when the name and the data

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elements are not encrypted or are in hard copy, paper format:

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     (i) Social security number;

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     (ii) Driver's license number, Rhode Island identification card number, or tribal

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identification number;

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     (iii) Account number, credit, or debit card number, in combination with any required

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security code, access code, password, or personal identification number, that would permit access

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to an individual's financial account;

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     (iv) Medical or health insurance information; or

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     (v) E-mail address with any required security code, access code, or password that would

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permit access to an individual's personal, medical, insurance, or financial account.

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     (9) "Remediation service provider" means any person who or that, in the usual course of

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business, provides services pertaining to a consumer credit report including, but not limited to,

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credit report monitoring and alerts, that are intended to mitigate the potential for identity theft.

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     (10) "State agency" means any department, division, agency, commission, board, office,

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bureau, authority, or quasi-public authority within Rhode Island; either branch of the Rhode Island

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general assembly or an agency or committee thereof; the judiciary; or any other agency that is in

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any branch of Rhode Island state government and that exercises governmental functions other than

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in an advisory nature.

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     (11) “Cybersecurity incident” means unauthorized access that could jeopardize the

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confidentiality, integrity or availability of critical information systems and critical infrastructure

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systems (i.e., first responder networks, water, energy).

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     (12) “Classified data” means any data that is not public (private, sensitive, confidential).

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Classified data requires additional security controls, such as access restrictions and encryption.

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Classified data includes personally identifiable information (PII), personally identifiable health

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information (PHI) or federal tax information (FTI).

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     (b) For purposes of this section, personal information does not include publicly available

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information that is lawfully made available to the general public from federal, state, or local

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government records.

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     (c) For purposes of this section, "notice" may be provided by one of the following methods:

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     (i) Written notice;

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     (ii) Electronic notice, if the notice provided is consistent with the provisions regarding

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electronic records and signatures set forth in 15 U.S.C. § 7001; or

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     (iii) Substitute notice, if the municipal agency, state agency, or person demonstrates that

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the cost of providing notice would exceed twenty-five thousand dollars ($25,000), or that the

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affected class of subject persons to be notified exceeds fifty thousand (50,000), or the municipal

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agency, state agency, or person does not have sufficient contact information. Substitute notice shall

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consist of all of the following:

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     (A) E-mail notice when the municipal agency, state agency, or person has an e-mail address

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for the subject persons;

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     (B) Conspicuous posting of the notice on the municipal agency's, state agency's or person's

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website page, if the municipal agency, state agency, or person maintains one; and

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     (C) Notification to major statewide media.

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     11-49.3-4. Notification of breach.

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     (a)(1) Any municipal agency, state agency, or person that stores, owns, collects, processes,

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maintains, acquires, uses, or licenses data that includes personal information shall provide

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notification as set forth in this section of any disclosure of personal information, or any breach of

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the security of the system, that poses a significant risk of identity theft to any resident of Rhode

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Island whose personal information was, or is reasonably believed to have been, acquired by an

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unauthorized person or entity.

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     (2) The notification shall be made in the most expedient time possible, but no later than

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forty-five (45) fifteen (15) calendar days after confirmation of the breach and the ability to ascertain

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the information required to fulfill the notice requirements contained in subsection (d) of this section,

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and shall be consistent with the legitimate needs of law enforcement as provided in subsection (c)

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of this section. In the event that more than five hundred (500) Rhode Island residents are to be

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notified, the municipal agency, state agency, or person shall notify the attorney general and the

 

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major credit reporting agencies as to the timing, content, and distribution of the notices and the

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approximate number of affected individuals. Notification to the attorney general and the major

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credit reporting agencies shall be made without delaying notice to affected Rhode Island residents.

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Where affected employees are represented by a labor union through a collective bargaining

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agreement, the employer shall also notify the collective bargaining agent, or designee, of such

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breaches.

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     (b) The notification required by this section may be delayed if a federal, state, or local law

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enforcement agency determines that the notification will impede a criminal investigation. The

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federal, state, or local law enforcement agency must notify the municipal agency, state agency, or

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person of the request to delay notification without unreasonable delay. If notice is delayed due to

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such determination, then, as soon as the federal, state, or municipal law enforcement agency

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determines and informs the municipal agency, state agency, or person that notification no longer

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poses a risk of impeding an investigation, notice shall be provided as soon as practicable pursuant

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to subsection (a)(2). The municipal agency, state agency, or person shall cooperate with federal,

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state, or municipal law enforcement in its investigation of any breach of security or unauthorized

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acquisition or use, which shall include the sharing of information relevant to the incident; provided

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however, that such disclosure shall not require the disclosure of confidential business information

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or trade secrets.

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     (c) Any municipal agency, state agency, or person required to make notification under this

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section and fails to do so is liable for a violation as set forth in § 11-49.3-5.

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     (d) The notification to individuals must include the following information to the extent

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known:

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     (1) A general and brief description of the incident, including how the security breach

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occurred and the number of affected individuals;

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     (2) The type of information that was subject to the breach;

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     (3) Date of breach, estimated date of breach, or the date range within which the breach

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occurred;

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     (4) Date that the breach was discovered;

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     (5) A clear and concise description of any remediation services offered to affected

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individuals including toll free numbers and websites to contact:

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     (i) The credit reporting agencies;

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     (ii) Remediation service providers;

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     (iii) The attorney general;

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     Remediation services pursuant to this subsection shall be provided as follows:

 

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     (A) Individuals eighteen (18) years of age and older, a minimum of five (5) years of

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coverage;

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     (B) Individuals under eighteen (18) years of age, coverage until age eighteen (18), and no

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less than two (2) years of coverage beyond age eighteen (18); and

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     (6) A clear and concise description of the consumer's ability to file or obtain a police report;

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how a consumer requests a security freeze and the necessary information to be provided when

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requesting the security freeze; and that fees may be required to be paid to the consumer reporting

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agencies.

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     SECTION 2. Chapter 11-49.3 of the General Laws entitled "Identity Theft Protection Act

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of 2015" is hereby amended by adding thereto the following section:

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     11-49.3-7. Notification of cybersecurity incident.

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     (a) Any municipal agency, state agency, or person that detects a cybersecurity incident

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shall provide notification to the Rhode Island state police upon detection of the cybersecurity

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incident within twenty-four (24) hours.

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     (b) Any municipal agency, state agency, or person required to make notification under this

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section and fails to do so is liable for a violation as set forth in § 11-49.3-5.

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     (c) The notification must include, at a minimum, the following information to the extent

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known:

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     (1) A general and brief description of the incident, including how the cybersecurity incident

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occurred;

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     (2) The date of cybersecurity incident, estimated date of cybersecurity incident, or the date

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range within which the cybersecurity incident occurred.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL OFFENSES -- IDENTITY THEFT PROTECTION ACT OF 2015

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     This act would provide identity theft protections by requiring reporting of breaches by

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certain municipal and state agencies, and would require notice to collective bargaining agents

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where required and requires an explanation of remediation services.

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     This act would take effect upon passage.

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