ENROLLED
2014 Legislature CS for CS for SB 1526
20141526er
1
2 An act relating to public records; amending s.
3 501.171, F.S.; creating an exemption from public
4 records requirements for information received by the
5 Department of Legal Affairs pursuant to a notice of a
6 data breach or pursuant to certain investigations;
7 authorizing disclosure under certain circumstances;
8 defining the term “proprietary information”; providing
9 for future review and repeal of the exemption under
10 the Open Government Sunset Review Act; providing a
11 statement of public necessity; providing a contingent
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Subsection (11) is added to section 501.171,
17 Florida Statutes, as created by SB 1524, 2014 Regular Session,
18 to read:
19 501.171 Security of confidential personal information.—
20 (11) PUBLIC RECORDS EXEMPTION.—
21 (a) All information received by the department pursuant to
22 a notification required by this section, or received by the
23 department pursuant to an investigation by the department or a
24 law enforcement agency, is confidential and exempt from s.
25 119.07(1) and s. 24(a), Art. I of the State Constitution, until
26 such time as the investigation is completed or ceases to be
27 active. This exemption shall be construed in conformity with s.
28 119.071(2)(c).
29 (b) During an active investigation, information made
30 confidential and exempt pursuant to paragraph (a) may be
31 disclosed by the department:
32 1. In the furtherance of its official duties and
33 responsibilities;
34 2. For print, publication, or broadcast if the department
35 determines that such release would assist in notifying the
36 public or locating or identifying a person that the department
37 believes to be a victim of a data breach or improper disposal of
38 customer records, except that information made confidential and
39 exempt by paragraph (c) may not be released pursuant to this
40 subparagraph; or
41 3. To another governmental entity in the furtherance of its
42 official duties and responsibilities.
43 (c) Upon completion of an investigation or once an
44 investigation ceases to be active, the following information
45 received by the department shall remain confidential and exempt
46 from s. 119.07(1) and s. 24(a), Art. I of the State
47 Constitution:
48 1. All information to which another public records
49 exemption applies.
50 2. Personal information.
51 3. A computer forensic report.
52 4. Information that would otherwise reveal weaknesses in a
53 covered entity’s data security.
54 5. Information that would disclose a covered entity’s
55 proprietary information.
56 (d) For purposes of this subsection, the term “proprietary
57 information” means information that:
58 1. Is owned or controlled by the covered entity.
59 2. Is intended to be private and is treated by the covered
60 entity as private because disclosure would harm the covered
61 entity or its business operations.
62 3. Has not been disclosed except as required by law or a
63 private agreement that provides that the information will not be
64 released to the public.
65 4. Is not publicly available or otherwise readily
66 ascertainable through proper means from another source in the
67 same configuration as received by the department.
68 5. Includes:
69 a. Trade secrets as defined in s. 688.002.
70 b. Competitive interests, the disclosure of which would
71 impair the competitive business of the covered entity who is the
72 subject of the information.
73 (e) This subsection is subject to the Open Government
74 Sunset Review Act in accordance with s. 119.15 and shall stand
75 repealed on October 2, 2019, unless reviewed and saved from
76 repeal through reenactment by the Legislature.
77 Section 2. The Legislature finds that it is a public
78 necessity that all information received by the Department of
79 Legal Affairs pursuant to a notification of a violation of s.
80 501.171, Florida Statutes, or received by the department
81 pursuant to an investigation by the department or a law
82 enforcement agency, be made confidential and exempt from s.
83 119.07(1), Florida Statutes, and s. 24(a), Article I of the
84 State Constitution for the following reasons:
85 (1) A notification of a violation of s. 501.171, Florida
86 Statutes, is likely to result in an investigation of such
87 violation because a data breach is likely the result of criminal
88 activity that may lead to further criminal activity. The
89 premature release of such information could frustrate or thwart
90 the investigation and impair the ability of the Department of
91 Legal Affairs to effectively and efficiently administer s.
92 501.171, Florida Statutes. In addition, release of such
93 information before completion of an active investigation could
94 jeopardize the ongoing investigation.
95 (2) The Legislature finds that it is a public necessity to
96 continue to protect from public disclosure all information to
97 which another public record exemption applies once an
98 investigation is completed or ceases to be active. Release of
99 such information by the Department of Legal Affairs would undo
100 the specific statutory exemption protecting that information.
101 (3) An investigation of a data breach or improper disposal
102 of customer records is likely to result in the gathering of
103 sensitive personal information, including social security
104 numbers, identification numbers, and personal financial and
105 health information. Such information could be used for the
106 purpose of identity theft. In addition, release of such
107 information could subject possible victims of the data breach or
108 improper disposal of customer records to further financial harm.
109 Furthermore, matters of personal health are traditionally
110 private and confidential concerns between the patient and the
111 health care provider. The private and confidential nature of
112 personal health matters pervades both the public and private
113 health care sectors.
114 (4) Release of a computer forensic report or other
115 information that would otherwise reveal weaknesses in a covered
116 entity’s data security could compromise the future security of
117 that entity, or other entities, if such information were
118 available upon conclusion of an investigation or once an
119 investigation ceased to be active. The release of such report or
120 information could compromise the security of current entities
121 and make those entities susceptible to future data breaches.
122 Release of such report or information could result in the
123 identification of vulnerabilities and further breaches of that
124 system.
125 (5) Notices received by the Department of Legal Affairs and
126 information received during an investigation of a data breach
127 are likely to contain proprietary information, including trade
128 secrets, about the security of the breached system. The release
129 of the proprietary information could result in the
130 identification of vulnerabilities and further breaches of that
131 system. In addition, a trade secret derives independent,
132 economic value, actual or potential, from being generally
133 unknown to, and not readily ascertainable by, other persons who
134 might obtain economic value from its disclosure or use. Allowing
135 public access to proprietary information, including a trade
136 secret, through a public records request could destroy the value
137 of the proprietary information and cause a financial loss to the
138 covered entity submitting the information. Release of such
139 information could give business competitors an unfair advantage
140 and weaken the position of the entity supplying the proprietary
141 information in the marketplace.
142 Section 3.
143