Current Cybersecurity and Data Security Privacy Laws in Georgia

While Georgia doesn’t have a comprehensive, standalone data privacy law akin to GDPR or CCPA, it has several statutes addressing specific aspects of cybersecurity and data protection. Businesses operating in Georgia must be aware of these regulations to ensure compliance.

Georgia Identity Theft Law (O.C.G.A. § 16-9-121)

This law focuses on the crime of identity theft but also includes provisions related to securing personal identifying information. It mandates reasonable security procedures and practices to protect personal information from unauthorized access.

Georgia Computer Systems Protection Act (O.C.G.A. § 16-9-100 et seq.)

This act addresses various computer-related crimes, including unauthorized access, damage to computer systems, and the introduction of viruses. While not strictly a data privacy law, it underscores the legal consequences of compromising computer systems and the data they hold. Have your insurance agent ensure these laws reflect your cyber and/or crime insurance policies.

Georgia Data Breach Notification Law (O.C.G.A. § 10-1-911)

This crucial law requires entities that maintain personal information to notify affected Georgia residents in the event of a security breach. The notification must occur without unreasonable delay and include specific information about the breach and steps individuals can take to protect themselves.

Federal Laws Applicable in Georgia

It’s important to remember that federal laws like HIPAA (for healthcare information), GLBA (for financial institutions), and COPPA (for children’s online privacy) also apply to relevant organizations operating in Georgia.

Understanding Key Terminology

To better understand cybersecurity and data security, it’s helpful to familiarize yourself with standard terminology:

• NIST Cybersecurity Glossary (National Institute of Standards and Technology)
• CISA Cybersecurity Awareness Program Glossary (Cybersecurity and Infrastructure Security Agency)

Georgia Insurance Licensee Regulations Regarding Cybersecurity and Data Security

The Georgia Department of Insurance has specific regulations that insurance licensees (including agents, brokers, and insurers) must adhere to regarding cybersecurity and data security to protect consumer information.

Georgia Insurance Data Security Law (Georgia Department of Insurance Rule 120-2-94)

This comprehensive rule mandates that insurance licensees develop, implement, and maintain a comprehensive written information security program (WISP). Key requirements include:

• Conducting risk assessments to identify and assess potential threats and vulnerabilities.
• Implementing and maintaining security controls to mitigate identified risks.
• Developing and maintaining a written incident response plan (IRP) to address cybersecurity events.
• Overseeing third-party service providers to ensure they maintain adequate security measures.
• Providing cybersecurity awareness training to employees.
• Reporting cybersecurity events to the Georgia Insurance Commissioner as required.

Importance of Compliance

Failure to comply with the Georgia Insurance Data Security Law can result in penalties, including fines and potential loss of licensure. It’s crucial for insurance licensees to understand and adhere to these regulations to protect sensitive consumer data and maintain operational integrity.

Further Information

For the most up-to-date and detailed information, please refer to the official website of the Georgia Department of Insurance.

Staying Updated on Cybersecurity and Data Privacy in Georgia

The landscape of cybersecurity and data privacy is constantly evolving. Businesses and insurance licensees in Georgia should:

• Regularly monitor updates from the Georgia legislature and the Department of Insurance.
• Stay informed about emerging cyber threats and best practices.
• Consider consulting with legal and cybersecurity professionals to ensure ongoing compliance.