Model law for Insurance Data Security is here. Like a Valentine + Birthday Wish Wrapped in a Rainbow.

What entity is proposing model data security laws for insurance?  the Cybersecurity Task Force (Task Force) of the National Association of Insurance Commissioners (NAIC)

Is it final? No, its a revised draft after taking into account stakeholder positions

What issues are covered in the model act draft?

  • Require licensees to create a “comprehensive written information security program”
  • Required Data Security programs will detail the:
    • administrative,
    • technical, &
    • physical safeguards for the protection of personal information
  • Require licensees to contract only with 3rd service providers who are “capable of maintaining appropriate safeguards for personal information.”
  • Creates standards for investigations of a data breach, including:
    •  When a data breach occurs
    • That  the licensee must properly investigate the breach
    • Assessing the nature and scope of the breach
    • Identifying the personal information that may have been involved
    • Determining if the personal information had been acquired without authorization
    • Taking reasonable measures to restore the security of the systems compromised in the breach.

To comment: Email Sara Robben at srobben@naic.org by close of business on Friday, September 16, 2016.

Lexology | Mayer Brown | NAIC Issues Revised Insurance Data Security Model Law