ATTACHMENT E-Personal Information Security & Breach Investigation Act-HB5 RFB 758 2600000066.pdf

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Attached to
Off-Site Data and Document Storage
Solicitation number
RFB-758-2600000066-5
Issued by
Fayette County, Kentucky

About this file

This document is Attachment E from the Kentucky Personal Information Security and Breach Investigation Procedures and Practices Act, pertaining to vendor requirements for protecting personal information. The document outlines specific obligations for non-affiliated third parties that contract with the Commonwealth of Kentucky and receive personal information, defining "Personal Information" as an individual's name combined with sensitive data elements such as account numbers, Social Security numbers, identification numbers, or other unique identifiers.

Vendors must immediately notify the Commonwealth within 72 hours of any detected data breach, cooperate with investigation and mitigation efforts, and implement security procedures at least as rigorous as those established by the Commonwealth Office of Technology. The Commonwealth reserves the right to withhold payments for violations of these requirements, and vendors agree to share in the costs of notification, investigation, and breach mitigation. Vendors must follow specific security standards outlined at the provided web link and comply with all requirements set forth in Kentucky Revised Statutes (KRS) 61.931 et seq.

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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.

Attachment E susan.noland Cross-Out

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

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