Providing for an affirmative defense to certain claims relating to personal information security breach protection

Where it is now

1. ✓
   Done: IntroducedJanuary 23, 2020
2. ✓
   Done: SubcommitteeJanuary 28, 2020
3. ✓
   Done: Senate committeeFebruary 13, 2020
4. ✕
   Stopped: Passes the SenateDied when the General Assembly ended
5. Next: House committee
6. Next: Passes the House
7. Next: To the Governor
8. Next: Signed into law

Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?

What’s in it

This bill establishes an affirmative defense to any claim or action alleging that a person’s failure to implement security measures resulted in a breach of security that the person established, maintained, and complied with a cyber security program that conforms to current and accepted industry standards regarding cyber security, including the national institute of standards and technology’s framework for improving critical infrastructure cyber security. The bill provides that an affirmative defense under the bill shall be established by a preponderance of the evidence. The bill also provides that it shall not be construed to create a private right of action with respect to personal information security breaches.

Full bill text¹

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