(1) If a holder is required to include confidential information in a report to the administrator, the information must be provided by secure means.
(2) If confidential information in a record is provided to and maintained by the administrator or administrator's agent as required by this article 13, the administrator or administrator's agent shall:
Implement administrative, technical, and physical safeguards designed to protect thesecurity, confidentiality, and integrity of the information as required by the law of this state and federal law whether or not the administrator or the administrator's agent is subject to the law;
Protect against reasonably anticipated threats or hazards to the security, confidentiality, or integrity of the information; and
Protect against unauthorized access to or use of the information that could result insubstantial harm or inconvenience to a holder or the holder's customers, including insureds, annuitants, and policy or contract owners and their beneficiaries.
(3) The administrator:
After notice and comment, shall adopt and implement a security plan that identifiesand assesses reasonably foreseeable internal and external risks to confidential information in the administrator's possession and seeks to mitigate the risks; and
Shall ensure that an administrator's agent adopts and implements a similar plan withrespect to confidential information in the agent's possession.
The administrator and the administrator's agent shall educate and train their employees regarding the plan adopted under subsection (3) of this section.
The administrator and the administrator's agent shall in a secure manner return ordestroy all confidential information no longer reasonably needed under this article 13.
Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 459, § 1, effective July 1, 2020.