ATTACHMENT E - Personal Info Security & Breach Investigation Act-HB5 062023.docx

DOCX document 17 KB Posted

Attached to
Microsoft Support Services RFP REBID
Solicitation number
RFP 758 2400000439 4
Issued by
Kentucky

About this file

This is a compliance attachment document from the Commonwealth of Kentucky establishing personal information security and breach investigation requirements under Kentucky Revised Statutes (KRS) 61.931, et seq. The document applies to all vendors receiving personal information through state contracts. Vendors must secure and protect personal information in compliance with requirements applicable to non-affiliated third parties, where "Personal Information" includes an individual's name combined with specific sensitive data elements such as account numbers, Social Security numbers, driver's license numbers, passport numbers, or health information as defined under the Health Insurance Portability and Accountability Act. Vendors are required to immediately notify the contracting agency, Office of Procurement Services, Commonwealth Office of Technology, and the NG-KIH Program Office of any determined or suspected breach within seventy-two hours, unless specific statutory exceptions apply.

Vendors must implement, maintain, and update security and breach investigation procedures that are at least as stringent as those established by the Commonwealth Office of Technology and appropriate to the nature of information disclosed. The Commonwealth reserves the right to withhold payment for violations of identity theft prevention reporting requirements. Upon conclusion of any security breach investigation as required by statute, vendors must agree to an apportionment of costs associated with notification, investigation, and mitigation of the breach. Vendors must undertake prompt and reasonable investigations of any breaches in accordance with applicable Kentucky law.

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Other files

File Type Posted
ATTACHMENT G- Microsoft Support Services -Enterprise Coverage (CATEGORY 2 REQUIREMENTS) RFP 758 2400000439.docx DOCX document
Attachment F - Mandatory Requirements Checklist - RFP 758 2400000439.xlsx XLSX spreadsheet
Final_RFP_758_2400000439_1_SO_FORM.PDF PDF
Final_RFP_758_2400000439_4_SO_FORM.PDF PDF
Addendum Two - Attachment A - Terms and Conditions - RFP 758 2400000439-3.pdf PDF
Attachment A - Terms and Conditions - RFP 758 2400000439.pdf PDF
Attachment I - Commonwealth's Response to Vendors 2nd set of Vendor Questions - RFP 758 2400000439.xlsx XLSX spreadsheet
Attachment C - Annual Affidavit and Other Affidavits.docx DOCX document
Final_RFP_758_2400000439_3_SO_FORM.PDF PDF
Addendum One - Attachment A - Terms and Conditions - RFP 758 2400000439-2.pdf PDF
ATTACHMENT D - VENDORS QUESTION FORM.xlsx XLSX spreadsheet
Revised ATTACHMENT G- Microsoft Support Services -Enterprise Coverage (CATEGORY 2 REQUIREMENTS) RFP 758 2400000439-06142024.docx DOCX document
Attachment B - Cost Proposal Form - Category 1 - RFP 758 2400000439.docx DOCX document
Addendum Three - Attachment A - Terms and Conditions - RFP 758 2400000439-4.pdf PDF
Final_RFP_758_2400000439_2_SO_FORM.PDF PDF
Attachment H - Commonwealth's Response to Vendors' Written Question - RFP 758 2400000439.xlsx XLSX spreadsheet
Revised Attachment B - Cost Proposal Form - Category 1 - RFP 758 2400000439 06272024.docx DOCX document
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Text version

Protection of Personal Information Security and Breach Investigation Procedures and Practices Act

Vendors that receive Personal Information as defined by and in accordance with Kentucky’s Personal Information Security and Breach Investigation Procedures and Practices Act, KRS 61.931, et seq., (the “Act”), shall secure and protect the Personal Information by, without limitation, complying with all requirements applicable to non-affiliated third parties set forth in the Act.

“Personal Information” is defined in accordance with KRS 61.931(6) as “an individual’s first name or first initial and last name; personal mark; or unique biometric or genetic print or image, in combination with one (1) or more of the following data elements:

a) An account number, credit card number, or debit card number that, in combination with any required security code, access code or password, would permit access to an account;

b) A Social Security number;

c) A taxpayer identification number that incorporates a Social Security number;

d) A driver’s license number, state identification card number or other individual identification number issued by an agency;

e) A passport number or other identification number issued by the United States government; or

f) Individually Identifiable Information as defined in 45 C.F.R. sec. 160.013 (of the Health Insurance Portability and Accountability Act), except for education records covered by the Family Education Rights and Privacy Act, as amended 20 U.S.C. sec 1232g.”

As provided in KRS 61.931(5), a “non-affiliated third party” means “any person or entity that has a contract or agreement with the Commonwealth and receives (accesses, collects or maintains) personal information from the Commonwealth pursuant to the contract or agreement.”

The vendor hereby agrees to cooperate with the Commonwealth in complying with the response, mitigation, correction, investigation, and notification requirements of the Act.

The vendor shall immediately notify as soon as possible, but not to exceed seventy-two (72) hours, the contracting agency, the Office of Procurement Services, the Commonwealth Office of Technology and the NG-KIH Program Office of a determination of or knowledge of a breach, unless the exception set forth in KRS 61.932(2)(b)2 applies and the vendor abides by the requirements set forth in that exception.

The vendor hereby agrees that the Commonwealth may withhold payment(s) owed to the vendor for any violation of the Identity Theft Prevention Reporting Requirements.

The vendor hereby agrees to undertake a prompt and reasonable investigation of any breach as required by KRS 61.933.

Upon conclusion of an investigation of a security breach of Personal Information as required by KRS 61.933, the vendor hereby agrees to an apportionment of the costs of the notification, investigation, and mitigation of the security breach.

In accordance with KRS 61.932(2)(a) the vendor shall implement, maintain, and update security and breach investigation procedures that are appropriate to the nature of the information disclosed, that are at least as stringent as the security and breach investigation procedures and practices established by the Commonwealth Office of Technology:

https://technology.ky.gov/OCISO/Pages/InformationSecurityPolicies,StandardsandProcedures.aspx

File details come from the government source that posted it. Updated .