Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SB 624 Ì237354/Î237354 LEGISLATIVE ACTION Senate . House Comm: RCS . 12/01/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Hays) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (i) of subsection (4) of section 6 282.318, Florida Statutes, is amended, present subsection (5) of 7 that section is renumbered as subsection (6), and a new 8 subsection (5) is added to that section, to read: 9 282.318 Security of data and information technology.— 10 (4) Each state agency head shall, at a minimum: 11 (i) Develop a process for detecting, reporting, and 12 responding to threats, breaches, or information technology 13 security incidents which isthat areconsistent with the 14 security rules, guidelines, and processes established by the 15 Agency for State Technology. 16 1. All information technology security incidents and 17 breaches must be reported to the Agency for State Technology. 18 2. For information technology security breaches, state 19 agencies shall provide notice in accordance with s. 501.171. 20 3. Records held by a state agency which identify detection, 21 investigation, or response practices for suspected or confirmed 22 information technology security incidents, including suspected 23 or confirmed breaches, are confidential and exempt from s. 24 119.07(1) and s. 24(a), Art. I of the State Constitution, if the 25 disclosure of such records would facilitate unauthorized access 26 to or the unauthorized modification, disclosure, or destruction 27 of: 28 a. Data or information, whether physical or virtual; or 29 b. Information technology resources, which includes: 30 (I) Information relating to the security of the agency’s 31 technologies, processes, and practices designed to protect 32 networks, computers, data processing software, and data from 33 attack, damage, or unauthorized access; or 34 (II) Security information, whether physical or virtual, 35 which relates to the agency’s existing or proposed information 36 technology systems. 37 38 Such records shall be available to the Auditor General, the 39 Agency for State Technology, the Cybercrime Office of the 40 Department of Law Enforcement, and, for state agencies under the 41 jurisdiction of the Governor, the Chief Inspector General. Such 42 records may be made available to a local government, another 43 state agency, or a federal agency for information technology 44 security purposes or in furtherance of the state agency’s 45 official duties. This exemption applies to such records held by 46 a state agency before, on, or after the effective date of this 47 exemption. This subparagraph is subject to the Open Government 48 Sunset Review Act in accordance with s. 119.15 and shall stand 49 repealed on October 2, 2021, unless reviewed and saved from 50 repeal through reenactment by the Legislature. 51 (5) The portions of risk assessments, evaluations, external 52 audits, and other reports of a state agency’s information 53 technology security program for the data, information, and 54 information technology resources of the state agency which are 55 held by a state agency are confidential and exempt from s. 56 119.07(1) and s. 24(a), Art. I of the State Constitution if the 57 disclosure of such portions of records would facilitate 58 unauthorized modification, disclosure, or destruction of: 59 (a) Data or information, whether physical or virtual; or 60 (b) Information technology resources, which include: 61 1. Information relating to the security of the agency’s 62 technologies, processes, and practices designed to protect 63 networks, computers, data processing software, and data from 64 attack, damage, or unauthorized access; or 65 2. Security information, whether physical or virtual, which 66 relates to the agency’s existing or proposed information 67 technology systems. 68 69 Such portions of records shall be available to the Auditor 70 General, the Cybercrime Office of the Department of Law 71 Enforcement, the Agency for State Technology, and, for agencies 72 under the jurisdiction of the Governor, the Chief Inspector 73 General. Such portions of records may be made available to a 74 local government, another state agency, or a federal agency for 75 information technology security purposes or in furtherance of 76 the state agency’s official duties. For purposes of this 77 subsection, “external audit” means an audit that is conducted by 78 an entity other than the state agency that is the subject of the 79 audit. This exemption applies to such records held by a state 80 agency before, on, or after the effective date of this 81 exemption. This subsection is subject to the Open Government 82 Sunset Review Act in accordance with s. 119.15 and shall stand 83 repealed on October 2, 2021, unless reviewed and saved from 84 repeal through reenactment by the Legislature. 85 Section 2. (1)(a) The Legislature finds that it is a public 86 necessity that public records held by a state agency which 87 identify detection, investigation, or response practices for 88 suspected or confirmed information technology security 89 incidents, including suspected or confirmed breaches, be made 90 confidential and exempt from s. 119.07(1), Florida Statutes, and 91 s. 24(a), Article I of the State Constitution if the disclosure 92 of such records would facilitate unauthorized access to or the 93 unauthorized modification, disclosure, or destruction of: 94 1. Data or information, whether physical or virtual; or 95 2. Information technology resources, which includes: 96 a. Information relating to the security of the agency’s 97 technologies, processes, and practices designed to protect 98 networks, computers, data processing software, and data from 99 attack, damage, or unauthorized access; or 100 b. Security information, whether physical or virtual, which 101 relates to the agency’s existing or proposed information 102 technology systems. 103 (b) Such records shall be made confidential and exempt for 104 the following reasons: 105 1. Records held by a state agency which identify 106 information technology detection, investigation, or response 107 practices for suspected or confirmed information technology 108 incidents or breaches are likely to be used in the investigation 109 of the incident or breach. The release of such information could 110 impede the investigation and impair the ability of reviewing 111 entities to effectively and efficiently execute their 112 investigative duties. In addition, the release of such 113 information before completion of an active investigation could 114 jeopardize the ongoing investigation. 115 2. An investigation of an information technology security 116 incident or breach is likely to result in the gathering of 117 sensitive personal information, including identification numbers 118 and personal financial and health information not otherwise 119 exempt or confidential and exempt from public records 120 requirements under any other law. Such information could be used 121 for the purpose of identity theft or other crimes. In addition, 122 release of such information could subject possible victims of 123 the incident or breach to further harm. 124 3. Disclosure of a risk assessment or evaluation, including 125 computer forensic analysis, or other information that would 126 reveal weaknesses in a state agency’s data security could 127 compromise the future security of that agency or other entities 128 if such information were available upon conclusion of an 129 investigation or once an investigation ceased to be active. The 130 disclosure of such a report or information could compromise the 131 security of state agencies and make those state agencies 132 susceptible to future data incidents or breaches. 133 4. Such records are likely to contain proprietary 134 information about the security of the system at issue. The 135 disclosure of such information could result in the 136 identification of vulnerabilities and further breaches of that 137 system. In addition, the release of such information could give 138 business competitors an unfair advantage and weaken the position 139 of the entity supplying the proprietary information in the 140 marketplace. 141 5. The disclosure of such records could potentially 142 compromise the confidentiality, integrity, and availability of 143 state agency data and information technology resources, which 144 would significantly impair the administration of vital 145 governmental programs. It is necessary that this information be 146 made confidential in order to protect the technology systems, 147 resources, and data of state agencies. The Legislature further 148 finds that this public records exemption be given retroactive 149 application because it is remedial in nature. 150 (2)(a) The Legislature also finds that it is a public 151 necessity that portions of risk assessments, evaluations, 152 external audits, and other reports of a state agency’s 153 information technology security program for the data, 154 information, and information technology resources of the state 155 agency which are held by a state agency be made confidential and 156 exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 157 Article I of the State Constitution if the disclosure of such 158 portions of records would facilitate unauthorized access to or 159 the unauthorized modification, disclosure, or destruction of: 160 1. Data or information, whether physical or virtual; or 161 2. Information technology resources, which includes: 162 a. Information relating to the security of the agency’s 163 technologies, processes, and practices designed to protect 164 networks, computers, data processing software, and data from 165 attack, damage, or unauthorized access; or 166 b. Security information, whether physical or virtual, which 167 relates to the agency’s existing or proposed information 168 technology systems. 169 (b) The Legislature finds that it may be valuable, prudent, 170 or critical to a state agency to have an independent entity 171 conduct a risk assessment, an audit, or an evaluation or 172 complete a report of the state agency’s information technology 173 program or related systems. Such documents would likely include 174 an analysis of the state agency’s current information technology 175 program or systems which could clearly identify vulnerabilities 176 or gaps in current systems or processes and propose 177 recommendations to remedy identified vulnerabilities. The 178 disclosure of such portions of records would jeopardize the 179 information technology security of the state agency, and 180 compromise the integrity and availability of agency data and 181 information technology resources, which would significantly 182 impair the administration of governmental programs. It is 183 necessary that such portions of records be made confidential and 184 exempt from public records requirements in order to protect 185 agency technology systems, resources, and data. The Legislature 186 further finds that this public records exemption shall be given 187 retroactive application because it is remedial in nature. 188 Section 3. This act shall take effect upon becoming a law. 189 190 ================= T I T L E A M E N D M E N T ================ 191 And the title is amended as follows: 192 Delete everything before the enacting clause 193 and insert: 194 A bill to be entitled 195 An act relating to public records; amending s. 196 282.318, F.S.; creating exemptions from public records 197 requirements for certain records held by a state 198 agency which identify detection, investigation, or 199 response practices for suspected or confirmed 200 information technology security incidents and for 201 certain portions of risk assessments, evaluations, 202 external audits, and other reports of a state agency’s 203 information technology program; authorizing disclosure 204 of confidential and exempt information to certain 205 agencies and officers; providing for retroactive 206 application; providing for future legislative review 207 and repeal of the exemptions; providing statements of 208 public necessity; providing an effective date.