Enrolled Copy S.B. 127
1 CYBERSECURITY AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Wayne A. Harper
5 House Sponsor: Jefferson S. Burton
6
7 LONG TITLE
8 General Description:
9 This bill enacts provisions relating to cybersecurity.
10 Highlighted Provisions:
11 This bill:
12 < amends the disclosure requirement for system security breaches;
13 < requires the Division of Technology Services to report certain information regarding
14 consolidation of networks used by governmental entities;
15 < creates the Utah Cyber Center and defines the center's duties;
16 < requires governmental entities in the state to report a breach of system security to
17 the Utah Cyber Center; and
18 < requires governmental websites to use an authorized top level domain by January 1,
19 2025.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 13-44-202, as last amended by Laws of Utah 2019, Chapter 348
27 ENACTS:
28 63A-16-302.1, Utah Code Annotated 1953
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29 63A-16-510, Utah Code Annotated 1953
30 63A-16-511, Utah Code Annotated 1953
31 63D-2-105, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 13-44-202 is amended to read:
35 13-44-202. Personal information -- Disclosure of system security breach.
36 (1) (a) A person who owns or licenses computerized data that includes personal
37 information concerning a Utah resident shall, when the person becomes aware of a breach of
38 system security, conduct in good faith a reasonable and prompt investigation to determine the
39 likelihood that personal information has been or will be misused for identity theft or fraud
40 purposes.
41 (b) If an investigation under Subsection (1)(a) reveals that the misuse of personal
42 information for identity theft or fraud purposes has occurred, or is reasonably likely to occur,
43 the person shall provide notification to [each affected Utah resident.] each affected Utah
44 resident.
45 (c) If an investigation under Subsection (1)(a) reveals that the misuse of personal
46 information relating to 500 or more Utah residents, for identity theft or fraud purposes, has
47 occurred or is reasonably likely to occur, the person shall, in addition to the notification
48 required in Subsection (1)(b), provide notification to:
49 (i) the Office of the Attorney General; and
50 (ii) the Utah Cyber Center created in Section 62A-16-510.
51 (d) If an investigation under Subsection (1)(a) reveals that the misuse of personal
52 information relating to 1,000 or more Utah residents, for identity theft or fraud purposes, has
53 occurred or is reasonably likely to occur, the person shall, in addition to the notification
54 required in Subsections (1)(b) and (c), provide notification to each consumer reporting agency
55 that compiles and maintains files on consumers on a nationwide basis, as defined in 15 U.S.C.
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56 Sec. 1681a.
57 (2) A person required to provide notification under Subsection (1) shall provide the
58 notification in the most expedient time possible without unreasonable delay:
59 (a) considering legitimate investigative needs of law enforcement, as provided in
60 Subsection (4)(a);
61 (b) after determining the scope of the breach of system security; and
62 (c) after restoring the reasonable integrity of the system.
63 (3) (a) A person who maintains computerized data that includes personal information
64 that the person does not own or license shall notify and cooperate with the owner or licensee of
65 the information of any breach of system security immediately following the person's discovery
66 of the breach if misuse of the personal information occurs or is reasonably likely to occur.
67 (b) Cooperation under Subsection (3)(a) includes sharing information relevant to the
68 breach with the owner or licensee of the information.
69 (4) (a) Notwithstanding Subsection (2), a person may delay providing notification
70 under Subsection (1)(b) at the request of a law enforcement agency that determines that
71 notification may impede a criminal investigation.
72 (b) A person who delays providing notification under Subsection (4)(a) shall provide
73 notification in good faith without unreasonable delay in the most expedient time possible after
74 the law enforcement agency informs the person that notification will no longer impede the
75 criminal investigation.
76 (5) (a) A notification required by [this section] Subsection (1)(b) may be provided:
77 (i) in writing by first-class mail to the most recent address the person has for the
78 resident;
79 (ii) electronically, if the person's primary method of communication with the resident is
80 by electronic means, or if provided in accordance with the consumer disclosure provisions of
81 15 U.S.C. Section 7001;
82 (iii) by telephone, including through the use of automatic dialing technology not
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83 prohibited by other law; or
84 (iv) for residents of the state for whom notification in a manner described in
85 Subsections (5)(a)(i) through (iii) is not feasible, by publishing notice of the breach of system
86 security:
87 (A) in a newspaper of general circulation; and
88 (B) as required in Section 45-1-101.
89 (b) If a person maintains the person's own notification procedures as part of an
90 information security policy for the treatment of personal information the person is considered
91 to be in compliance with [this chapter's notification requirements] the notification requirement
92 in Subsection (1)(b) if the procedures are otherwise consistent with this chapter's timing
93 requirements and the person notifies each affected Utah resident in accordance with the
94 person's information security policy in the event of a breach.
95 (c) A person who is regulated by state or federal law and maintains procedures for a
96 breach of system security under applicable law established by the primary state or federal
97 regulator is considered to be in compliance with this part if the person notifies each affected
98 Utah resident in accordance with the other applicable law in the event of a breach.
99 (6) (a) If a person providing a notification under Subsection (1)(c) to the Office of the
100 Attorney General or the Utah Cyber Center submits the information required under Subsection
101 63G-2-309(1)(a)(i), records submitted to the Office of the Attorney General or the Utah Cyber
102 Center under Subsection (1)(c) and information produced by the Office of the Attorney General
103 or the Utah Cyber Center for any coordination or assistance provided to the person are
104 presumed to be confidential and are a protected record under Subsections 63G-2-305(1) and
105 (2).
106 (b) The department may disclose information provided by a person under Subsection
107 (1)(c) or produced as described in Subsection (6)(a) only if:
108 (i) disclosure is necessary to prevent imminent and substantial harm; or
109 (ii) the information is anonymized or aggregated in a manner that makes it unlikely that
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110 information that is a trade secret, as defined in Section 13-24-2, will be disclosed.
111 [(6)] (7) A waiver of this section is contrary to public policy and is void and
112 unenforceable.
113 Section 2. Section 63A-16-302.1 is enacted to read:
114 63A-16-302.1. Reporting on consolidation of certain information technology
115 services.
116 (1) The division shall, in collaboration with the Cybersecurity Commission created in
117 Section 63C-27-201, identify opportunities, limitations, and barriers to enhancing the overall
118 cybersecurity resilience of the state by consolidating:
119 (a) certain information technology services utilized by governmental entities; and
120 (b) to the extent feasible, the information technology networks that are operated or
121 utilized by governmental entities.
122 (2) On or before November 15, 2023, the division shall report the information
123 described in Subsection (1) to:
124 (a) the Government Operations Interim Committee;
125 (b) the Infrastructure and General Government Appropriations Subcommittee; and
126 (c) the Cybersecurity Commission created in Section 63C-27-201.
127 Section 3. Section 63A-16-510 is enacted to read:
128 63A-16-510. Utah Cyber Center -- Creation -- Duties.
129 (1) As used in this section:
130 (a) "Governmental entity" means the same as that term is defined in Section
131 63G-2-103.
132 (b) "Utah Cyber Center" means the Utah Cyber Center created in this section.
133 (2) (a) There is created within the division the Utah Cyber Center.
134 (b) The chief information security officer appointed under Section 63A-16-210 shall
135 serve as the director of the Utah Cyber Center.
136 (3) The division shall operate the Utah Cyber Center in partnership with the following
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137 entities within the Department of Public Safety:
138 (a) the Statewide Information and Analysis Center;
139 (b) the State Bureau of Investigation; and
140 (c) the Division of Emergency Management.
141 (4) In addition to the entities described in Subsection (3), the Utah Cyber Center shall
142 collaborate with:
143 (a) the Cybersecurity Commission created in Section 63C-27-201;
144 (b) the Office of the Attorney General;
145 (c) the Utah Education and Telehealth Network created in Section 53B-17-105;
146 (d) appropriate federal partners, including the Federal Bureau of Investigation and the
147 Cybersecurity and Infrastructure Security Agency;
148 (e) appropriate information sharing and analysis centers;
149 (f) associations representing political subdivisions in the state, including the Utah
150 League of Cities and Towns and the Utah Association of Counties; and
151 (g) any other person the division believes is necessary to carry out the duties described
152 in Subsection (5).
153 (5) The Utah Cyber Center shall, within legislative appropriations:
154 (a) by June 30, 2024, develop a statewide strategic cybersecurity plan for executive
155 branch agencies and other governmental entities;
156 (b) with respect to executive branch agencies:
157 (i) identify, analyze, and, when appropriate, mitigate cyber threats and vulnerabilities;
158 (ii) coordinate cybersecurity resilience planning;
159 (iii) provide cybersecurity incident response capabilities; and
160 (iv) recommend to the division standards, policies, or procedures to increase the cyber
161 resilience of executive branch agencies individually or collectively;
162 (c) at the request of a governmental entity, coordinate cybersecurity incident response
163 for an incident affecting the governmental entity in accordance with Section 63A-16-511;
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164 (d) promote cybersecurity best practices;
165 (e) share cyber threat intelligence with governmental entities and, through the
166 Statewide Information and Analysis Center, with other public and private sector organizations;
167 (f) serve as the state cybersecurity incident response hotline to receive reports of
168 breaches of system security, including notification or disclosure under Section 13-44-202 or
169 63A-16-511;
170 (g) develop incident response plans to coordinate federal, state, local, and private
171 sector activities and manage the risks associated with an attack or malfunction of critical
172 information technology systems within the state;
173 (h) coordinate, develop, and share best practices for cybersecurity resilience in the
174 state;
175 (i) identify sources of funding to make cybersecurity improvements throughout the
176 state;
177 (j) develop a sharing platform to provide resources based on information,
178 recommendations, and best practices; and
179 (k) partner with institutions of higher education and other public and private sector
180 organizations to increase the state's cyber resilience.
181 Section 4. Section 63A-16-511 is enacted to read:
182 63A-16-511. Reporting to the Utah Cyber Center -- Assistance to governmental
183 entities -- Records.
184 (1) As used in this section:
185 (a) "Governmental entity" means the same as that term is defined in Section
186 63G-2-103.
187 (b) "Utah Cyber Center" means the Utah Cyber Center created in Section 62A-16-510.
188 (2) A governmental entity shall contact the Utah Cyber Center as soon as practicable
189 when the governmental entity becomes aware of a breach of system security.
190 (3) The Utah Cyber Center shall provide the governmental entity with assistance in
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191 responding to the breach of system security, which may include:
192 (a) conducting all or part of the investigation required under Subsection
193 13-44-202(1)(a);
194 (b) assisting law enforcement with the law enforcement investigation if needed;
195 (c) determining the scope of the breach of system security;
196 (d) assisting the governmental entity in restoring the reasonable integrity of the system;
197 or
198 (e) providing any other assistance in response to the reported breach of system security.
199 (4) (a) A person providing information to the Utah Cyber Center may submit the
200 information required in Section 63G-2-309 to request that the information submitted by the
201 person and information produced by the Utah Cyber Center in the course of the Utah Cyber
202 Center's investigation be classified as a confidential protected record.
203 (b) Information submitted to the Utah Cyber Center under Subsection 13-44-202(1)(c)
204 regarding a breach of system security may include information regarding the type of breach, the
205 attack vector, attacker, indicators of compromise, and other details of the breach that are
206 requested by the Utah Cyber Center.
207 (c) A governmental entity that is required to submit information under Section
208 63A-16-511 shall provide records to the Utah Cyber Center as a shared record in accordance
209 with Section 63G-2-206.
210 Section 5. Section 63D-2-105 is enacted to read:
211 63D-2-105. Use of authorized domain extensions for government websites.
212 (1) (a) As used in this section, "authorized top level domain" means any of the
213 following suffixes that follows the domain name in a website address:
214 (i) gov;
215 (ii) edu; and
216 (iii) mil.
217 (2) Beginning January 1, 2025, a governmental entity shall use an authorized top level
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218 domain for:
219 (a) the website address for the governmental entity's government website; and
220 (b) the email addresses used by the governmental entity and the governmental entity's
221 employees.
222 (3) Notwithstanding Subsection (2), a governmental entity may operate a website that
223 uses a top level domain that is not an authorized top level domain if:
224 (a) a reasonable person would not mistake the website as the governmental entity's
225 primary website; and
226 (b) the governmental website is:
227 (i) solely for internal use and not intended for use by members of the public;
228 (ii) temporary and in use by the governmental entity for a period of less than one year;
229 or
230 (iii) related to an event, program, or informational campaign operated by the
231 governmental entity in partnership with another person that is not a governmental entity.
232 (4) The chief information officer appointed under Section 63A-16-201 may authorize a
233 waiver of the requirement in Subsection (2) if:
234 (a) there are extraordinary circumstances under which use of an authorized domain
235 extension would cause demonstrable harm to citizens or businesses; and
236 (b) the executive director or chief executive of the governmental entity submits a
237 written request to the chief information officer t