Responsibilities for Confidential Information; Security Plan

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Sec. 82. (a) If a holder is required to include confidential information in a report to the attorney general, the information must be provided by a secure means.

(b) If confidential information in a record is provided to and maintained by the attorney general or the attorney general's agent as required by this chapter, the attorney general or the attorney general's agent shall:

(1) implement administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of the information required by IC 4-1-11 and federal privacy and data security law whether or not the attorney general or the attorney general's agent is subject to the law;

(2) protect against reasonably anticipated threats or hazards to the security, confidentiality, or integrity of the information; and

(3) protect against unauthorized access to or use of the information which could result in substantial harm or inconvenience to a holder or the holder's customers, including insureds, annuitants, and policy or contract owners and their beneficiaries.

(c) The attorney general:

(1) after notice and comment, shall adopt and implement a security plan that identifies and assesses reasonably foreseeable internal and external risks to confidential information in the attorney general's possession and seeks to mitigate the risks; and

(2) shall ensure that the attorney general's agent adopts and implements a similar plan with respect to confidential information in the agent's possession.

(d) The attorney general and the attorney general's agent shall educate and train their employees regarding the plan adopted under subsection (c).

(e) The attorney general and the attorney general's agent shall in a secure manner return or destroy all confidential information no longer reasonably needed under this chapter.

As added by P.L.141-2021, SEC.20.


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