1 | A bill to be entitled |
2 | An act relating to data destruction; providing |
3 | definitions; requiring all public agencies and private |
4 | entities that collect personal information to adhere to |
5 | the procedures provided in the National Institute of |
6 | Standards and Technology's "Guidelines for Media |
7 | Sanitization" when destroying such information; requiring |
8 | such agencies and entities to maintain a copy of the |
9 | guidelines; requiring all state agencies to submit a |
10 | sampling of sanitized media to a third-party vendor for |
11 | verification of data destruction; requiring the Department |
12 | of Management Services to adopt rules; providing an |
13 | effective date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
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17 | Section 1. Media sanitization.-- |
18 | (1) As used in this section, the term: |
19 | (a) "Media" means: |
20 | 1. Hard copy information, which is the physical |
21 | representation of information, including, but not limited to, |
22 | paper printouts, printer and facsimile ribbons, drums, and |
23 | platens; and |
24 | 2. Electronic information, which is the bits and bytes |
25 | contained in hard drives, random-access memory, read-only |
26 | memory, optical disc storage media, memory devices, telephones, |
27 | mobile computing devices, networking equipment, and other types |
28 | of information storage equipment. |
29 | (b) "Sanitization" means the process of removing data from |
30 | media in a manner that prevents the retrieval or reconstruction |
31 | of the data. |
32 | (c) "Sanitized" means having undergone the process of |
33 | sanitization described in paragraph (b). |
34 | (2) All agencies, as defined in s. 119.011, Florida |
35 | Statutes, and all private corporations, business trusts, |
36 | partnerships, limited liability companies, associations, joint |
37 | ventures, estates, trusts, or any other legal or commercial |
38 | entities, for profit or not for profit, located in or doing |
39 | business in this state, which collect any information that is |
40 | deemed secret, private, personal, or confidential in nature; |
41 | contains identifying information, including names, personal or |
42 | business addresses, social security numbers, credit or debit |
43 | card numbers, bank account numbers, telephone numbers, or |
44 | photographs that are recorded on media; and is subject to |
45 | sanitization or meets the criteria for destruction as set forth |
46 | in the "Guidelines for Media Sanitization: Recommendation of the |
47 | National Institute of Standards and Technology," NIST Special |
48 | Publication 800-88, must use the purge or physical destruction |
49 | techniques for media destruction described in that document. |
50 | (3) All state agencies and private entities subject to |
51 | subsection (2) must keep a copy of the Guidelines for Media |
52 | Sanitization available for use. An electronic copy of the |
53 | document must be kept on the computer desktop of the chief |
54 | information officer, security officer, records management |
55 | officer, or other person responsible for the sanitization of the |
56 | personal or private data at the agency or entity. |
57 | (4) All state agencies must submit a sampling of sanitized |
58 | electronic media to a third-party vendor that has no stake in |
59 | the sanitization process or conflict of interest for |
60 | verification of data destruction. The Department of Management |
61 | Services shall adopt by rule criteria for the selection of |
62 | third-party vendors to be used to verify data destruction and |
63 | procedures for the submission and return of samples of sanitized |
64 | electronic media. |
65 | Section 2. This act shall take effect July 1, 2010. |