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Phase 2 of PA's Insurance Data Security Law Is Coming — Record of Compliance Required
In 2023, Pennsylvania joined the growing number of states enacting the National Association of Insurance Commissioners' (NAIC) Model Law on Insurance Data Security. Going into effect in December, but with a staggered implementation, the law first required covered insurance companies and "licensees" (i.e., any person or organization required to have a license to engage in the business of insurance) to investigate and report cybersecurity events to the insurance commissioner. On Dec. 11, 2024 (just four months away), the second phase of the law goes into effect, which requires licensees to undertake detailed risk assessments, design and implement comprehensive and written cybersecurity programs, and, for some organizations, publicly certify compliance with the law. If your organization (or your client) has not yet begun preparing for satisfy the requirements of this phase, time now is of the essence to undertake these steps and build a record of affirmative evidence showing compliance.
As a quick recap, the Insurance Data Security Law requires organizations to implement and maintain adequate cybersecurity measures to protect the confidentiality, integrity, and availability of insurance-related data, labeled "nonpublic information," and defined by the statute as business-related information whose compromise would have a "materially adverse impact" to the licensee's business, and consumer personal data combined with that person's Social Security number, driver's license or nondriver identification card number, PCI or financial account data, PHI, or biometric data. This definition is broader than the definition for personal identifiable information under Pennsylvania's data breach notification statute. The statute defines a "cybersecurity event" as an unauthorized access, misuse, or disruption of a licensee's information system or nonpublic information—again, a term that is much broader than a "breach of security" under Pennsylvania's data breach notification statute.
Effective Dec. 11, 2023, the law required licensees to investigate a suspected cybersecurity event, and implemented a five-day notification deadline to the Pennsylvania Insurance Commissioner upon the discovery of a cybersecurity event that creates a "reasonable likelihood of materially harming a Pennsylvania resident" or the "normal operations" of the organization where the licensee is a domiciled insurer or insurance producer claiming Pennsylvania as its home state, or where the licensee "reasonably believes" the event involves the nonpublic information of 250 or more Pennsylvania residents and the event either triggers a legal notification requirement or there is a "reasonable likelihood" of materially harming a Pennsylvania resident or the licensee's "normal operations."
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