Florida Senate - 2016 SB 624 By Senator Hays 11-00620A-16 2016624__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 282.318, F.S.; creating exemptions from public records 4 requirements for information held by a state agency 5 relating to the detection or investigation of or 6 response to any suspected or confirmed security 7 breaches and the results of external audits and 8 evaluations of a state agency’s information technology 9 security program; authorizing disclosure of 10 confidential and exempt information to certain 11 agencies and officers; providing for retroactive 12 application; providing for future legislative review 13 and repeal of the exemptions; providing statements of 14 public necessity; providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Paragraph (i) of subsection (4) of section 19 282.318, Florida Statutes, is amended, present subsection (5) of 20 that section is renumbered as subsection (6), and a new 21 subsection (5) is added to that section, to read: 22 282.318 Security of data and information technology.— 23 (4) Each state agency head shall, at a minimum: 24 (i) Develop a process for detecting, reporting, and 25 responding to threats, breaches, or information technology 26 security incidents that are consistent with the security rules, 27 guidelines, and processes established by the Agency for State 28 Technology. 29 1. All information technology security incidents and 30 breaches must be reported to the Agency for State Technology. 31 2. For information technology security breaches, state 32 agencies shall provide notice in accordance with s. 501.171. 33 3. Information held by a state agency relating to the 34 detection, investigation, or response to any suspected or 35 confirmed security incidents, including suspected or confirmed 36 breaches, which, if disclosed, could facilitate the unauthorized 37 access to or the unauthorized modification, disclosure, or 38 destruction of data or information technology resources is 39 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 40 of the State Constitution, except that such information shall be 41 available to the Auditor General, the Agency for State 42 Technology, the Cybercrime Office of the Department of Law 43 Enforcement, and, for state agencies under the jurisdiction of 44 the Governor, the Chief Inspector General. This exemption 45 applies to such information held by a state agency before, on, 46 or after the effective date of this exemption. This subparagraph 47 is subject to the Open Government Sunset Review Act in 48 accordance with s. 119.15 and shall stand repealed on October 2, 49 2021, unless reviewed and saved from repeal through reenactment 50 by the Legislature. 51 (5) The results of external audits and evaluations of a 52 state agency’s information technology security program for the 53 data, information, and information technology resources of the 54 state agency are confidential and exempt from s. 119.07(1) and 55 s. 24(a), Art. I of the State Constitution, except that such 56 information shall be available to the Auditor General, the 57 Cybercrime Office of the Department of Law Enforcement, the 58 Agency for State Technology, and, for agencies under the 59 jurisdiction of the Governor, the Chief Inspector General; and 60 may be made available to other state agencies for information 61 technology security purposes. This exemption applies to such 62 information held by a state agency before, on, or after the 63 effective date of this exemption. This subsection is subject to 64 the Open Government Sunset Review Act in accordance with s. 65 119.15 and shall stand repealed on October 2, 2021, unless 66 reviewed and saved from repeal through reenactment by the 67 Legislature. 68 Section 2. (1) The Legislature finds that it is a public 69 necessity that information relating to the detection or 70 investigation of or response to any suspected or confirmed 71 security incidents, including suspected or confirmed breaches, 72 which, if disclosed, could facilitate the unauthorized access to 73 or unauthorized modification, disclosure, or destruction of data 74 or information technology resources be made confidential and 75 exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 76 Article I of the State Constitution for the following reasons: 77 (a) Information held by a state agency relating to security 78 incidents or breaches is likely to result in an investigation of 79 the incident or breach. The release of such information could 80 impede the investigation and impair the ability of reviewing 81 entities to effectively and efficiently execute their 82 investigative duties. In addition, release of such information 83 before completion of an active investigation could jeopardize 84 the ongoing investigation. 85 (b) An investigation of an information technology security 86 incident or breach is likely to result in the gathering of 87 sensitive personal information, including social security 88 numbers, identification numbers, and personal financial and 89 health information. Such information could be used for the 90 purpose of identity theft. In addition, release of such 91 information could subject possible victims of the incident or 92 breach to further financial harm. Furthermore, matters of 93 personal health are traditionally private and confidential 94 concerns between the patient and the health care provider. The 95 private and confidential nature of personal health matters 96 pervades both the public and private health care sectors. 97 (c) Release of a computer forensic report or other 98 information that would reveal weaknesses in a covered entity’s 99 data security could compromise the future security of that 100 entity, or other entities, if such information were available 101 upon conclusion of an investigation or once an investigation 102 ceased to be active. The release of such report or information 103 could compromise the security of current entities and make those 104 entities susceptible to future data incidents or breaches. 105 (d) Information held by an agency relating to the detection 106 or investigation of or response to a suspected or conformed 107 security incident or breach is likely to contain proprietary 108 information, including trade secrets, about the security of the 109 system at issue. The release of the proprietary information 110 could result in the identification of vulnerabilities and 111 further breaches of that system. In addition, a trade secret has 112 independent, economic value, actual or potential, in its being 113 generally unknown to, and not readily ascertainable by, other 114 persons who might obtain economic value from its disclosure or 115 use. Allowing public access to proprietary information, 116 including a trade secret, through a public records request could 117 destroy the value of the proprietary information and cause a 118 financial loss to the covered entity submitting the information. 119 Release of such information could give business competitors an 120 unfair advantage and weaken the position of the entity supplying 121 the proprietary information in the marketplace. 122 (e) The disclosure of such information could potentially 123 compromise the confidentiality, integrity, and availability of 124 state agency data and information technology resources, which 125 would significantly impair the administration of vital 126 governmental programs. It is necessary that this information be 127 made confidential in order to protect the technology systems, 128 resources, and data of state agencies. The Legislature further 129 finds that this public records exemption be given retroactive 130 application because it is remedial in nature. 131 (2) The Legislature also finds that it is a public 132 necessity that the results of external audits and evaluations of 133 a state agency’s information technology security program for the 134 data, information, and information technology resources of the 135 state agency be made confidential and exempt from s. 119.07(1), 136 Florida Statutes, and s. 24(a), Article I of the State 137 Constitution. A state agency may find it valuable, prudent, or 138 even critical to have an independent entity conduct an audit and 139 evaluation of the agency’s information technology program or 140 related systems. Such audits would likely include an analysis of 141 the current state of the state agency’s information technology 142 program or systems which could clearly identify vulnerabilities 143 or gaps in current systems or processes and propose 144 recommendations to remedy identified vulnerabilities. The 145 disclosure of such information would jeopardize the information 146 technology security of the state agency, and compromise the 147 integrity and availability of agency data and information 148 technology resources, which would significantly impair the 149 administration of governmental programs. It is necessary that 150 this information be made confidential and exempt from public 151 records requirements in order to protect agency technology 152 systems, resources, and data. The Legislature further finds that 153 this public records exemption be given retroactive application 154 because it is remedial in nature. 155 Section 3. This act shall take effect upon becoming a law.