STATE OF NEW YORK ________________________________________________________________________ 9005 IN SENATE May 3, 2022 ___________ Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Internet and Technology 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: 1 Section 1. This act shall be known and may be cited as the "secure our 2 data act". 3 § 2. Legislative intent. The legislature finds that ransomware and 4 other malware attacks have affected the electronically stored personal 5 information relating to thousands of people statewide and millions of 6 people nationwide. The legislature also finds that state entities 7 receive such personal information from various sources, including the 8 data subjects themselves, other state entities, and the federal govern- 9 ment. In addition, the legislature finds that state entities use such 10 personal information to make determinations regarding the data subjects. 11 The legislature further finds that New Yorkers deserve to have their 12 personal information that is in the possession of a state entity stored 13 in a manner that will withstand any attempt by ransomware and other 14 malware to alter, change, or encrypt such information. 15 Therefore, the legislature enacts the secure our data act which will 16 guarantee that state entities will employ the proper technology to 17 protect the personal information stored as backup information from any 18 unauthorized alteration or change. 19 § 3. The state technology law is amended by adding a new section 210 20 to read as follows: 21 § 210. Ransomware and other malware protection. 1. Definitions. For 22 purposes of this section, the following terms shall have the following 23 meanings: 24 (a) "Data subject" shall mean the person who is the subject of the 25 personal information. 26 (b) "Immutable" means data that is stored unchanged over time or 27 unable to be changed. For the purposes of backups, "immutable" shall 28 mean that, once ingested, no external or internal operation can modify EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15661-01-2

S. 9005 2 1 the data and must never be available in a read/write state to the 2 client. "Immutable" shall specifically apply to the characteristics and 3 attributes of a backup system's file system and may not be applied to 4 temporary systems state, time-bound or expiring configurations, or 5 temporary conditions created by a physical air gap as is implemented in 6 most legacy systems. An immutable file system must demonstrate charac- 7 teristics that do not permit the editing or changing of any data backed 8 up to provide agencies with complete recovery capabilities. 9 (c) "Information system" shall mean any good, service or a combination 10 thereof, used by any computer, cloud service, or interconnected system 11 that is maintained for or used by a state entity in the acquisition, 12 storage, manipulation, management, movement, control, display, switch- 13 ing, interchange, transmission, or reception of data or voice including, 14 but not limited to, hardware, software, information appliances, firm- 15 ware, programs, systems, networks, infrastructure, media, and related 16 material used to automatically and electronically collect, receive, 17 access, transmit, display, store, record, retrieve, analyze, evaluate, 18 process, classify, manipulate, manage, assimilate, control, communicate, 19 exchange, convert, coverage, interface, switch, or disseminate data of 20 any kind or form. 21 (d) "Maintained" shall mean personal information stored by a state 22 entity that was provided to the state entity by the data subject, a 23 state entity, or a federal governmental entity. Such term shall also 24 include personal information provided by an adverse party in the course 25 of litigation or other adversarial proceeding. 26 (e) "Malware" shall mean malicious code included in any application, 27 digital content, document, executable, firmware, payload, or software 28 for the purpose of performing or executing one or more unauthorized 29 processes designed to have an adverse impact on the availability, confi- 30 dentiality, or integrity of data stored in an information system. 31 (f) "Ransomware" shall mean any type of malware that uses encryption 32 technology to prevent users from accessing an information system or data 33 stored by such information system until a ransom is paid. 34 (g) "State entity" shall mean any state board, bureau, division, 35 committee, commission, council, department, public authority, public 36 benefit corporation, office or other governmental entity performing a 37 governmental or proprietary function for the state of New York or any of 38 its political subdivisions. 39 2. Data protection standards. (a) No later than one year after the 40 effective date of this section, the director, in consultation with 41 stakeholders and other interested parties, which shall include at least 42 one public hearing, shall promulgate regulations that design and develop 43 standards for: 44 (i) malware and ransomware protection for mission critical information 45 systems and for personal information used by such information systems; 46 (ii) data backup that includes the creation of immutable backups of 47 personal information maintained by the state entity and storage of such 48 backups in a segmented environment, including a segmented device; 49 (iii) information system recovery that includes creating an identical 50 copy of an immutable personal information backup maintained by or for 51 the state entity that was stored in a segmented environment or on a 52 segmented device for use when an information system has been adversely 53 affected by rent somewhere or other malware and requires restoration 54 from one or more backups; and 55 (iv) annual workforce training regarding protection from ransomware 56 and other malware, as well as processes and procedures that should be

S. 9005 3 1 followed in the event of a data incident involving ransomware or other 2 malware. 3 (b) Such regulations may be adopted on an emergency basis. If such 4 regulations are adopted on an emergency basis, the office shall engage 5 in the formal rulemaking procedure no later than the day immediately 6 following the date that the office promulgated such regulations on an 7 emergency basis. Provided that the office has commenced the formal rule- 8 making process, the regulations adopted on an emergency basis may be 9 renewed no more than two times. 10 3. Vulnerability assessments. Notwithstanding any provision of law to 11 the contrary, each state entity shall engage in vulnerability testing of 12 its information systems as follows: 13 (a) Beginning January first, two thousand twenty-three and on a month- 14 ly basis thereafter, each state entity shall perform, or cause to be 15 performed, a vulnerability assessment of at least one mission critical 16 information system ensuring that each mission critical system has under- 17 gone a vulnerability assessment during the past year. A report detailing 18 the vulnerability assessment methodology and findings shall be made 19 available to the office for review no later than forty-five days after 20 the testing has been completed. 21 (b) Beginning December first, two thousand twenty-three, each state 22 entity's entire information system shall undergo vulnerability testing 23 conducted by an independent third party. A report detailing the vulner- 24 ability assessment methodology and findings shall be made available to 25 the office for review no later than forty-five days after such testing 26 has been completed. 27 (c) The office shall assist state entities in complying with the 28 provisions of this section. 29 4. Data and information system inventory. (a) No later than one year 30 after the effective date of this section, each state entity shall create 31 an inventory of the data maintained by the state entity and the purpose 32 or purposes for which such data is maintained and used. The inventory 33 shall include a listing of all personal information maintained by the 34 state entity, along with the source and age of such information. 35 (b) No later than one year after the effective date of this section, 36 each state entity shall create an inventory of the information systems 37 maintained by or on behalf of the state entity and the purpose or 38 purposes for which each such information system is maintained and used. 39 The inventory shall denote those information systems that are mission 40 critical and those that use personal information, and whether the infor- 41 mation system is protected by immutable backups. 42 (c) Notwithstanding paragraphs (a) and (b) of this subdivision, if a 43 state entity has already completed a data inventory or information 44 systems inventory, such state entity shall update the previously 45 completed data inventory or information system inventory no later than 46 one year after the effective date of this section. 47 (d) Upon written request from the office, a state entity shall provide 48 the office with either or both of the inventories required to be created 49 or updated pursuant to this subdivision. 50 5. Incident management and recovery. (a) No later than eighteen months 51 after the effective date of this section, each state entity shall have 52 created an incident response plan for incidents involving ransomware or 53 other malware that renders an information system or its data unavail- 54 able, and incidents involving ransomware or other malware that result in 55 the alteration or deletion of or unauthorized access to, personal infor- 56 mation.

S. 9005 4 1 (b) Such incident response plan shall include a procedure for situ- 2 ations where production and non-segmented information systems have been 3 adversely affected by a data incident, as well as a procedure for the 4 storage of personal information and mission critical backups on a 5 segmented device or segmented portion of the state entity's information 6 system to ensure that such personal information and mission critical 7 systems are protected by immutable backups. 8 (c) Beginning January first, twenty thousand twenty-five and on an 9 annual basis thereafter, each state entity shall complete at least one 10 exercise of its incident response plan that includes copying the immuta- 11 ble personal information and mission critical applications from the 12 segmented portion of the state entity's information system and using 13 such copies in the state entity's restoration and recovery process. Upon 14 completion of such exercise, the state entity shall document the inci- 15 dent response plan's successes and shortcomings. 16 6. No private right of action. Nothing set forth in this section shall 17 be construed as creating or establishing a private cause of action. 18 § 4. Severability. The provisions of this act shall be severable and 19 if any portion thereof or the applicability thereof to any person or 20 circumstances shall be held to be invalid, the remainder of this act and 21 the application thereof shall not be affected thereby. 22 § 5. This act shall take effect immediately.

Establishes the "secure our data act"

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