(a)If a licensee learns that a cybersecurity
event has or may have occurred, the licensee, or an outside vendor or
service provider designated to act on the licensee's behalf, shall
conduct a prompt investigation. During the investigation, the licensee
or outside vendor or service provider designated to act on the licensee's
behalf shall:
(1)determine:
(A)whether a cybersecurity event has occurred;
(B)if so, the nature and scope of the cybersecurity event; and
(C)whether any nonpublic information may have been involved
in the cybersecurity event; and
(2)perform or oversee reasonable measures to restore the security
of the information systems compromised in the cybersecurity
event in order to prevent further unauthorized acquisition, release,
or use of nonpublic information in the lic
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(a) If a licensee learns that a cybersecurity
event has or may have occurred, the licensee, or an outside vendor or
service provider designated to act on the licensee's behalf, shall
conduct a prompt investigation. During the investigation, the licensee
or outside vendor or service provider designated to act on the licensee's
behalf shall:
(1) determine:
(A) whether a cybersecurity event has occurred;
(B) if so, the nature and scope of the cybersecurity event; and
(C) whether any nonpublic information may have been involved
in the cybersecurity event; and
(2) perform or oversee reasonable measures to restore the security
of the information systems compromised in the cybersecurity
event in order to prevent further unauthorized acquisition, release,
or use of nonpublic information in the licensee's possession,
custody, or control.
(b) A licensee shall maintain records concerning all cybersecurity
events for at least five (5) years after the date of the cybersecurity
event. A licensee shall produce these records upon demand of the
commissioner.
(c) A licensee shall notify the commissioner as promptly as possible
but not later than three (3) business days after a determination that a
cybersecurity event involving nonpublic information that is in the
possession of the licensee has occurred if either of the following
applies:
(1) Indiana is the licensee's state of domicile, if the licensee is an
insurer, or the licensee's home state, if the licensee is a producer,
and the cybersecurity event has a reasonable likelihood of
materially harming a consumer residing in Indiana or materially
harming any material part of the normal operations of the
licensee.
(2) The licensee reasonably believes that the nonpublic
information of at least two hundred fifty (250) consumers residing
in Indiana was affected by the cybersecurity event and that the
cybersecurity event is either of the following:
(A) A cybersecurity event impacting the licensee of which
notice is required to be provided by any other state, federal, or
local law.
(B) A cybersecurity event that has a reasonable likelihood of
materially harming:
(i) a consumer residing in Indiana; or
(ii) any material part of the normal operations of the licensee.
(d) After learning that a cybersecurity event has or may have
occurred, a licensee shall provide as much of the following information
as possible in electronic form, as directed by the commissioner:
(1) The date of the cybersecurity event.
(2) A description of how the information was exposed, lost,
stolen, or breached, including the specific roles and
responsibilities of any third party service providers.
(3) How the cybersecurity event was discovered.
(4) Whether any lost, stolen, or breached information has been
recovered and, if so, how this was done.
(5) The identity of the source of the cybersecurity event.
(6) Whether the licensee has filed a police report or has notified
any regulatory, government, or law enforcement agencies and, if
so, when the notification was provided.
(7) A description of the specific types of information acquired
without authorization. Specific types of information means
particular data elements including, for example, types of medical
information, types of financial information, or types of
information allowing identification of the consumer.
(8) The period during which the information system was
compromised by the cybersecurity event.
(9) The total number of consumers in Indiana affected by the
cybersecurity event. The licensee shall provide the best estimate
in the initial report to the commissioner and update this estimate
with each subsequent report to the commissioner under this
section.
(10) The results of any internal review:
(A) identifying a lapse in either automated controls or internal
procedures; or
(B) confirming that all automated controls or internal
procedures were followed.
(11) A description of efforts being undertaken to remediate the
situation that permitted the cybersecurity event to occur.
(12) 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 cybersecurity event.
(13) The name of a contact person who is both familiar with the
cybersecurity event and authorized to act for the licensee.
(e) The licensee has a continuing obligation to update and
supplement initial and subsequent notifications to the commissioner
regarding material changes to previously provided information relating
to the cybersecurity event.
(f) A licensee shall comply with IC 24-4.9, as applicable, and
provide a copy of the notice sent to consumers under IC 24-4.9 to the
commissioner if the licensee is required to notify the commissioner
under subsection (c).
(g) Nothing in this chapter abrogates or prevents an agreement
between a licensee and:
(1) another licensee;
(2) a third party service provider; or
(3) any other party;
to fulfill any investigation requirements imposed under subsection (a)
or notice requirements imposed under subsections (c) through (f).