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AB-1352 Independent information security assessments: Military Department: local educational agencies.(2021-2022)

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Date Published: 10/07/2021 02:00 PM
AB1352:v95#DOCUMENT

Assembly Bill No. 1352
CHAPTER 593

An act to amend Section 11549.3 of the Government Code, relating to information security.

[ Approved by Governor  October 06, 2021. Filed with Secretary of State  October 06, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1352, Chau. Independent information security assessments: Military Department: local educational agencies.
Existing law charges the chief of the Office of Information Security with establishment of an information security program implemented by state entities, and authorizes the office to conduct an independent security assessment of every state agency, department, or office. Existing law also authorizes the Military Department to perform an independent security assessment of any state agency, department, or office, the cost of which is required to be funded by that state agency, department, or office. Existing law requires the Office of Emergency Services to establish and lead the California Cybersecurity Integration Center which serves as the central organizing hub of state government’s cybersecurity activities and coordinates information sharing with agencies, service providers, and other organizations.
This bill would authorize the Military Department, at the request of a local educational agency, and in consultation with the California Cybersecurity Integration Center, to perform an independent security assessment of the local educational agency, or an individual schoolsite under its jurisdiction, the cost of which to be funded by the local educational agency, as specified.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 11549.3 of the Government Code is amended to read:

11549.3.
 (a) The chief shall establish an information security program. The program responsibilities include, but are not limited to, all of the following:
(1) The creation, updating, and publishing of information security and privacy policies, standards, and procedures for state agencies in the State Administrative Manual.
(2) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies to effectively manage security and risk for both of the following:
(A) Information technology, which includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications, requisite system controls, simulation, electronic commerce, and all related interactions between people and machines.
(B) Information that is identified as mission critical, confidential, sensitive, or personal, as defined and published by the office.
(3) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies for the collection, tracking, and reporting of information regarding security and privacy incidents.
(4) The creation, issuance, and maintenance of policies, standards, and procedures directing state agencies in the development, maintenance, testing, and filing of each state agency’s disaster recovery plan.
(5) Coordination of the activities of state agency information security officers, for purposes of integrating statewide security initiatives and ensuring compliance with information security and privacy policies and standards.
(6) Promotion and enhancement of the state agencies’ risk management and privacy programs through education, awareness, collaboration, and consultation.
(7) Representing the state before the federal government, other state agencies, local government entities, and private industry on issues that have statewide impact on information security and privacy.
(b) All state entities defined in Section 11546.1 shall implement the policies and procedures issued by the office, including, but not limited to, performing both of the following duties:
(1) Comply with the information security and privacy policies, standards, and procedures issued pursuant to this chapter by the office.
(2) Comply with filing requirements and incident notification by providing timely information and reports as required by the office.
(c) (1) The office may conduct, or require to be conducted, an independent security assessment of every state agency, department, or office. The cost of the independent security assessment shall be funded by the state agency, department, or office being assessed.
(2) In addition to the independent security assessments authorized by paragraph (1), the office, in consultation with the Office of Emergency Services, shall perform all the following duties:
(A) Annually require no fewer than 35 state entities to perform an independent security assessment, the cost of which shall be funded by the state agency, department, or office being assessed.
(B) Determine criteria and rank state entities based on an information security risk index that may include, but not be limited to, analysis of the relative amount of the following factors within state agencies:
(i) Personally identifiable information protected by law.
(ii) Health information protected by law.
(iii) Confidential financial data.
(iv) Self-certification of compliance and indicators of unreported noncompliance with security provisions in the following areas:
(I) Information asset management.
(II) Risk management.
(III) Information security program management.
(IV) Information security incident management.
(V) Technology recovery planning.
(C) Determine the basic standards of services to be performed as part of independent security assessments required by this subdivision.
(3) The Military Department may perform an independent security assessment of any state agency, department, or office, the cost of which shall be funded by the state agency, department, or office being assessed.
(d) State agencies and entities required to conduct or receive an independent security assessment pursuant to subdivision (c) shall transmit the complete results of that assessment and recommendations for mitigating system vulnerabilities, if any, to the office and the Office of Emergency Services.
(e) The office shall report to the Department of Technology and the Office of Emergency Services any state entity found to be noncompliant with information security program requirements.
(f)  (1) Notwithstanding any other law, during the process of conducting an independent security assessment pursuant to subdivision (c), information and records concerning the independent security assessment are confidential and shall not be disclosed, except that the information and records may be transmitted to state employees and state contractors who have been approved as necessary to receive the information and records to perform that independent security assessment, subsequent remediation activity, or monitoring of remediation activity.
(2) The results of a completed independent security assessment performed pursuant to subdivision (c) or (i), and any related information shall be subject to all disclosure and confidentiality provisions pursuant to any state law, including, but not limited to, the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1), including, but not limited to, Section 6254.19.
(g) The office may conduct or require to be conducted an audit of information security to ensure program compliance.
(h) The office shall notify the Office of Emergency Services, Department of the California Highway Patrol, and the Department of Justice regarding any criminal or alleged criminal cyber activity affecting any state entity or critical infrastructure of state government.
(i) (1) At the request of a local educational agency, and in consultation with the California Cybersecurity Integration Center, the Military Department may perform an independent security assessment of the local educational agency, or an individual schoolsite under its jurisdiction, the cost of which shall be funded by the local educational agency.
(2) The criteria for the independent security assessment shall be established by the Military Department in coordination with the local educational agency.
(3) The Military Department shall disclose the results of an independent security assessment only to the local educational agency and the California Cybersecurity Integration Center.
(4) For purposes of this subdivision, “local educational agency” means a school district, county office of education, charter school, or state special school.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act, which amends Section 11549.3 of the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
Local educational agencies have a very strong interest in protecting their information technology systems from intrusion, because those systems contain confidential information. Thus, information regarding the specific vulnerabilities of those systems must be protected to preclude use of that information to facilitate attacks on those systems.