The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5007--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2023
                                ___________
 
 Introduced by Sens. GONZALEZ, SALAZAR -- read twice and ordered printed,
   and  when  printed  to  be  committed to the Committee on Internet and
   Technology -- reported favorably from said committee and committed  to
   the  Committee  on  Finance  --  committee  discharged,  bill amended,
   ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the state technology law, in  relation  to  establishing
   the "secure our data act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "secure our
 data act".
   § 2. Legislative intent. The legislature  finds  that  ransomware  and
 other  malware  attacks have affected the electronically stored personal
 information relating to thousands of people statewide  and  millions  of
 people  nationwide.  The  legislature  also  finds  that  state entities
 receive such personal information from various  sources,  including  the
 data  subjects themselves, other state entities, and the federal govern-
 ment.  In addition, the legislature finds that state entities  use  such
 personal information to make determinations regarding the data subjects.
 The  legislature  further  finds  that New Yorkers deserve to have their
 personal information that is in the possession of a state entity  stored
 in  a  manner  that  will  withstand any attempt by ransomware and other
 malware to alter, change, or encrypt such information.
   Therefore, the legislature enacts the secure our data act  which  will
 guarantee  that  state  entities  will  employ  the proper technology to
 protect the personal information stored as backup information  from  any
 unauthorized alteration or change.
   §  3.  The state technology law is amended by adding a new section 210
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09002-02-3
 S. 5007--A                          2
 

   § 210. RANSOMWARE AND OTHER MALWARE PROTECTION.  1.  DEFINITIONS.  FOR
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A)  "DATA  SUBJECT"  SHALL  MEAN THE PERSON WHO IS THE SUBJECT OF THE
 PERSONAL INFORMATION.
   (B) "IMMUTABLE" MEANS DATA THAT  IS  STORED  UNCHANGED  OVER  TIME  OR
 UNABLE  TO  BE  CHANGED.  FOR THE PURPOSES OF BACKUPS, "IMMUTABLE" SHALL
 MEAN THAT, ONCE INGESTED, NO EXTERNAL OR INTERNAL OPERATION  CAN  MODIFY
 THE  DATA  AND  MUST  NEVER  BE  AVAILABLE  IN A READ/WRITE STATE TO THE
 CLIENT. "IMMUTABLE" SHALL SPECIFICALLY APPLY TO THE CHARACTERISTICS  AND
 ATTRIBUTES  OF  A  BACKUP SYSTEM'S FILE SYSTEM AND MAY NOT BE APPLIED TO
 TEMPORARY SYSTEMS  STATE,  TIME-BOUND  OR  EXPIRING  CONFIGURATIONS,  OR
 TEMPORARY  CONDITIONS CREATED BY A PHYSICAL AIR GAP AS IS IMPLEMENTED IN
 MOST LEGACY SYSTEMS.  AN IMMUTABLE FILE SYSTEM MUST DEMONSTRATE  CHARAC-
 TERISTICS  THAT DO NOT PERMIT THE EDITING OR CHANGING OF ANY DATA BACKED
 UP TO PROVIDE AGENCIES WITH COMPLETE RECOVERY CAPABILITIES.
   (C) "INFORMATION SYSTEM" SHALL MEAN ANY GOOD, SERVICE OR A COMBINATION
 THEREOF, USED BY ANY COMPUTER, CLOUD SERVICE, OR  INTERCONNECTED  SYSTEM
 THAT  IS  MAINTAINED  FOR  OR USED BY A STATE ENTITY IN THE ACQUISITION,
 STORAGE, MANIPULATION, MANAGEMENT, MOVEMENT, CONTROL,  DISPLAY,  SWITCH-
 ING, INTERCHANGE, TRANSMISSION, OR RECEPTION OF DATA OR VOICE INCLUDING,
 BUT  NOT  LIMITED  TO, HARDWARE, SOFTWARE, INFORMATION APPLIANCES, FIRM-
 WARE, PROGRAMS, SYSTEMS, NETWORKS, INFRASTRUCTURE,  MEDIA,  AND  RELATED
 MATERIAL  USED  TO  AUTOMATICALLY  AND  ELECTRONICALLY COLLECT, RECEIVE,
 ACCESS, TRANSMIT, DISPLAY, STORE, RECORD, RETRIEVE,  ANALYZE,  EVALUATE,
 PROCESS, CLASSIFY, MANIPULATE, MANAGE, ASSIMILATE, CONTROL, COMMUNICATE,
 EXCHANGE,  CONVERT,  COVERAGE, INTERFACE, SWITCH, OR DISSEMINATE DATA OF
 ANY KIND OR FORM.
   (D) "MAINTAINED" SHALL MEAN PERSONAL INFORMATION  STORED  BY  A  STATE
 ENTITY  THAT  WAS  PROVIDED  TO  THE STATE ENTITY BY THE DATA SUBJECT, A
 STATE ENTITY, OR A FEDERAL GOVERNMENTAL ENTITY.  SUCH  TERM  SHALL  ALSO
 INCLUDE  PERSONAL INFORMATION PROVIDED BY AN ADVERSE PARTY IN THE COURSE
 OF LITIGATION OR OTHER ADVERSARIAL PROCEEDING.
   (E) "MALWARE" SHALL MEAN MALICIOUS CODE INCLUDED IN  ANY  APPLICATION,
 DIGITAL  CONTENT,  DOCUMENT,  EXECUTABLE, FIRMWARE, PAYLOAD, OR SOFTWARE
 FOR THE PURPOSE OF PERFORMING OR  EXECUTING  ONE  OR  MORE  UNAUTHORIZED
 PROCESSES DESIGNED TO HAVE AN ADVERSE IMPACT ON THE AVAILABILITY, CONFI-
 DENTIALITY, OR INTEGRITY OF DATA STORED IN AN INFORMATION SYSTEM.
   (F)  "RANSOMWARE"  SHALL MEAN ANY TYPE OF MALWARE THAT USES ENCRYPTION
 TECHNOLOGY TO PREVENT USERS FROM ACCESSING AN INFORMATION SYSTEM OR DATA
 STORED BY SUCH INFORMATION SYSTEM UNTIL A RANSOM IS PAID.
   (G) "STATE ENTITY" SHALL  MEAN  ANY  STATE  BOARD,  BUREAU,  DIVISION,
 COMMITTEE,  COMMISSION,  COUNCIL,  DEPARTMENT,  PUBLIC AUTHORITY, PUBLIC
 BENEFIT CORPORATION, OFFICE OR OTHER GOVERNMENTAL  ENTITY  PERFORMING  A
 GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE OF NEW YORK, EXCEPT:
   (I) THE JUDICIARY; AND
   (II)  ALL CITIES, COUNTIES, MUNICIPALITIES, VILLAGES, TOWNS, AND OTHER
 LOCAL AGENCIES.
   2. DATA PROTECTION STANDARDS. (A) NO LATER THAN  ONE  YEAR  AFTER  THE
 EFFECTIVE  DATE  OF  THIS  SECTION,  THE  DIRECTOR, IN CONSULTATION WITH
 STAKEHOLDERS AND OTHER INTERESTED PARTIES, WHICH SHALL INCLUDE AT  LEAST
 ONE PUBLIC HEARING, SHALL PROMULGATE REGULATIONS THAT DESIGN AND DEVELOP
 STANDARDS FOR:
   (I) MALWARE AND RANSOMWARE PROTECTION FOR MISSION CRITICAL INFORMATION
 SYSTEMS AND FOR PERSONAL INFORMATION USED BY SUCH INFORMATION SYSTEMS;
 S. 5007--A                          3
 
   (II)  DATA  BACKUP  THAT INCLUDES THE CREATION OF IMMUTABLE BACKUPS OF
 PERSONAL INFORMATION MAINTAINED BY THE STATE ENTITY AND STORAGE OF  SUCH
 BACKUPS IN A SEGMENTED ENVIRONMENT, INCLUDING A SEGMENTED DEVICE;
   (III)  INFORMATION SYSTEM RECOVERY THAT INCLUDES CREATING AN IDENTICAL
 COPY OF AN IMMUTABLE PERSONAL INFORMATION BACKUP MAINTAINED  BY  OR  FOR
 THE  STATE  ENTITY  THAT  WAS  STORED IN A SEGMENTED ENVIRONMENT OR ON A
 SEGMENTED DEVICE FOR USE WHEN AN INFORMATION SYSTEM HAS  BEEN  ADVERSELY
 AFFECTED  BY  RENT  SOMEWHERE  OR OTHER MALWARE AND REQUIRES RESTORATION
 FROM ONE OR MORE BACKUPS; AND
   (IV) ANNUAL WORKFORCE TRAINING REGARDING  PROTECTION  FROM  RANSOMWARE
 AND  OTHER  MALWARE,  AS WELL AS PROCESSES AND PROCEDURES THAT SHOULD BE
 FOLLOWED IN THE EVENT OF A DATA INCIDENT INVOLVING RANSOMWARE  OR  OTHER
 MALWARE.
   (B)  SUCH  REGULATIONS  MAY  BE ADOPTED ON AN EMERGENCY BASIS. IF SUCH
 REGULATIONS ARE ADOPTED ON AN EMERGENCY BASIS, THE OFFICE  SHALL  ENGAGE
 IN  THE  FORMAL  RULEMAKING  PROCEDURE NO LATER THAN THE DAY IMMEDIATELY
 FOLLOWING THE DATE THAT THE OFFICE PROMULGATED SUCH  REGULATIONS  ON  AN
 EMERGENCY BASIS. PROVIDED THAT THE OFFICE HAS COMMENCED THE FORMAL RULE-
 MAKING  PROCESS,  THE  REGULATIONS  ADOPTED ON AN EMERGENCY BASIS MAY BE
 RENEWED NO MORE THAN TWO TIMES.
   3. VULNERABILITY ASSESSMENTS. NOTWITHSTANDING ANY PROVISION OF LAW  TO
 THE CONTRARY, EACH STATE ENTITY SHALL ENGAGE IN VULNERABILITY TESTING OF
 ITS INFORMATION SYSTEMS AS FOLLOWS:
   (A) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-FOUR AND ON A MONTHLY
 BASIS  THEREAFTER,  EACH  STATE  ENTITY  SHALL  PERFORM,  OR CAUSE TO BE
 PERFORMED, A VULNERABILITY ASSESSMENT OF AT LEAST ONE  MISSION  CRITICAL
 INFORMATION SYSTEM ENSURING THAT EACH MISSION CRITICAL SYSTEM HAS UNDER-
 GONE A VULNERABILITY ASSESSMENT DURING THE PAST YEAR. A REPORT DETAILING
 THE  VULNERABILITY  ASSESSMENT  METHODOLOGY  AND  FINDINGS SHALL BE MADE
 AVAILABLE TO THE OFFICE FOR REVIEW NO LATER THAN FORTY-FIVE  DAYS  AFTER
 THE TESTING HAS BEEN COMPLETED.
   (B)  BEGINNING  DECEMBER  FIRST,  TWO THOUSAND TWENTY-FOUR, EACH STATE
 ENTITY'S ENTIRE INFORMATION SYSTEM SHALL UNDERGO VULNERABILITY  TESTING.
 A REPORT DETAILING THE VULNERABILITY ASSESSMENT METHODOLOGY AND FINDINGS
 SHALL  BE  MADE  AVAILABLE TO THE OFFICE FOR REVIEW NO LATER THAN FORTY-
 FIVE DAYS AFTER SUCH TESTING HAS BEEN COMPLETED.
   (C) THE OFFICE SHALL ASSIST  STATE  ENTITIES  IN  COMPLYING  WITH  THE
 PROVISIONS OF THIS SECTION.
   4.  DATA  AND INFORMATION SYSTEM INVENTORY. (A) NO LATER THAN ONE YEAR
 AFTER THE EFFECTIVE DATE OF THIS SECTION, EACH STATE ENTITY SHALL CREATE
 AN INVENTORY OF THE DATA MAINTAINED BY THE STATE ENTITY AND THE  PURPOSE
 OR  PURPOSES  FOR  WHICH SUCH DATA IS MAINTAINED AND USED. THE INVENTORY
 SHALL INCLUDE A LISTING OF ALL PERSONAL INFORMATION  MAINTAINED  BY  THE
 STATE ENTITY, ALONG WITH THE SOURCE AND AGE OF SUCH INFORMATION.
   (B)  NO  LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,
 EACH STATE ENTITY SHALL CREATE AN INVENTORY OF THE  INFORMATION  SYSTEMS
 MAINTAINED  BY  OR  ON  BEHALF  OF  THE  STATE ENTITY AND THE PURPOSE OR
 PURPOSES FOR WHICH EACH SUCH INFORMATION SYSTEM IS MAINTAINED AND  USED.
 THE  INVENTORY  SHALL  DENOTE THOSE INFORMATION SYSTEMS THAT ARE MISSION
 CRITICAL AND THOSE THAT USE PERSONAL INFORMATION, AND WHETHER THE INFOR-
 MATION SYSTEM IS PROTECTED BY IMMUTABLE BACKUPS.
   (C) NOTWITHSTANDING PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION,  IF  A
 STATE  ENTITY  HAS  ALREADY  COMPLETED  A  DATA INVENTORY OR INFORMATION
 SYSTEMS  INVENTORY,  SUCH  STATE  ENTITY  SHALL  UPDATE  THE  PREVIOUSLY
 COMPLETED  DATA  INVENTORY OR INFORMATION SYSTEM INVENTORY NO LATER THAN
 ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.
 S. 5007--A                          4
 
   (D) UPON WRITTEN REQUEST FROM THE OFFICE, A STATE ENTITY SHALL PROVIDE
 THE OFFICE WITH EITHER OR BOTH OF THE INVENTORIES REQUIRED TO BE CREATED
 OR UPDATED PURSUANT TO THIS SUBDIVISION.
   5. INCIDENT MANAGEMENT AND RECOVERY. (A) NO LATER THAN EIGHTEEN MONTHS
 AFTER  THE  EFFECTIVE DATE OF THIS SECTION, EACH STATE ENTITY SHALL HAVE
 CREATED AN INCIDENT RESPONSE PLAN FOR INCIDENTS INVOLVING RANSOMWARE  OR
 OTHER  MALWARE  THAT  RENDERS AN INFORMATION SYSTEM OR ITS DATA UNAVAIL-
 ABLE, AND INCIDENTS INVOLVING RANSOMWARE OR OTHER MALWARE THAT RESULT IN
 THE ALTERATION OR DELETION OF OR UNAUTHORIZED ACCESS TO, PERSONAL INFOR-
 MATION.
   (B) SUCH INCIDENT RESPONSE PLAN SHALL INCLUDE A  PROCEDURE  FOR  SITU-
 ATIONS  WHERE PRODUCTION AND NON-SEGMENTED INFORMATION SYSTEMS HAVE BEEN
 ADVERSELY AFFECTED BY A DATA INCIDENT, AS WELL AS A  PROCEDURE  FOR  THE
 STORAGE  OF  PERSONAL  INFORMATION  AND  MISSION  CRITICAL  BACKUPS ON A
 SEGMENTED DEVICE OR SEGMENTED PORTION OF THE STATE ENTITY'S  INFORMATION
 SYSTEM  TO  ENSURE  THAT  SUCH PERSONAL INFORMATION AND MISSION CRITICAL
 SYSTEMS ARE PROTECTED BY IMMUTABLE BACKUPS.
   (C) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-SIX AND ON AN  ANNUAL
 BASIS THEREAFTER, EACH STATE ENTITY SHALL COMPLETE AT LEAST ONE EXERCISE
 OF  ITS  INCIDENT  RESPONSE  PLAN  THAT  INCLUDES  COPYING THE IMMUTABLE
 PERSONAL  INFORMATION  AND  MISSION  CRITICAL  APPLICATIONS   FROM   THE
 SEGMENTED  PORTION  OF  THE  STATE ENTITY'S INFORMATION SYSTEM AND USING
 SUCH COPIES IN THE STATE ENTITY'S RESTORATION AND RECOVERY PROCESS. UPON
 COMPLETION OF SUCH EXERCISE, THE STATE ENTITY SHALL DOCUMENT  THE  INCI-
 DENT RESPONSE PLAN'S SUCCESSES AND SHORTCOMINGS.
   6. NO PRIVATE RIGHT OF ACTION. NOTHING SET FORTH IN THIS SECTION SHALL
 BE CONSTRUED AS CREATING OR ESTABLISHING A PRIVATE CAUSE OF ACTION.
   §  4.  Severability. The provisions of this act shall be severable and
 if any portion thereof or the applicability thereof  to  any  person  or
 circumstances shall be held to be invalid, the remainder of this act and
 the application thereof shall not be affected thereby.
   § 5. This act shall take effect immediately.