Sections
§ 8601 Short title 18
§ 8602 Purpose and intent 18
§ 8603 Definitions 18
§ 8604 Information security program 18
§ 8605 Investigation of a cybersecurity event 18
§ 8606 Notification of a cybersecurity event 18
§ 8607 Power of Commissioner 18
§ 8608 Confidentiality 18
§ 8609 Exceptions 18
§ 8610 Penalties 18
§ 8611 Regulations 18

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Terms Used In Delaware Code > Title 18 > Chapter 86 - Insurance Data Security Act

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Authorized individual: means an individual to whom a licensee gave authorization to access and use nonpublic information that the licensee and the licensee's information system holds. See Delaware Code Title 18 Sec. 8603
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Commissioner: means the Insurance Commissioner of the State of Delaware. See Delaware Code Title 18 Sec. 8603
  • Consumer: means an individual, including an applicant, policyholder, insured, beneficiary, claimant, and certificate holder, who is a resident of this State and whose nonpublic information is in a licensee's possession, custody, or control. See Delaware Code Title 18 Sec. 8603
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Cybersecurity event: means an event resulting in unauthorized access to, disruption of, or misuse of an information system or nonpublic information stored on an information system. See Delaware Code Title 18 Sec. 8603
  • Department: means the Department of Insurance. See Delaware Code Title 18 Sec. 8603
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Donor: The person who makes a gift.
  • Encrypted: means the transformation of data into a form which results in a low probability of assigning meaning without the use of a protective process or key. See Delaware Code Title 18 Sec. 8603
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Information security program: means the administrative, technical, and physical safeguards that a licensee uses to access, collect, distribute, process, protect, store, use, transmit, dispose of, or otherwise handle nonpublic information. See Delaware Code Title 18 Sec. 8603
  • Information system: means a discrete set of electronic information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of electronic information, and a specialized system such as an industrial or process controls system, telephone switching and private branch exchange system, or environmental control system. See Delaware Code Title 18 Sec. 8603
  • Insurer: includes an insurer, health service corporation, managed care organization, or health maintenance organization licensed under this title. See Delaware Code Title 18 Sec. 8603
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Licensee: means a person who is licensed, authorized to operate, or registered, or required to be licensed, authorized, or registered, under the insurance laws of this State. See Delaware Code Title 18 Sec. 8603
  • Multi-factor authentication: means authentication through verification of at least 2 of the following types of authentication factors:

    a. See Delaware Code Title 18 Sec. 8603

  • Nonpublic information: means electronic information that is not publicly-available information and is at least 1 of the following:

    a. See Delaware Code Title 18 Sec. 8603

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: means as defined in § 102 of this title. See Delaware Code Title 18 Sec. 8603
  • Publicly-available information: means information that a licensee has a reasonable basis to believe is lawfully made available to the general public, including any of the following:

    1. See Delaware Code Title 18 Sec. 8603

  • Risk assessment: means the action that a licensee is required to take under § 8604(c) of this title. See Delaware Code Title 18 Sec. 8603
  • Subpoena: A command to a witness to appear and give testimony.
  • subsidiaries: shall include , in addition to those such corporations where the insurer owns a majority of their stock, those corporations formed or acquired by an insurer where it owns less than a majority of such corporation's voting stock due to the laws of a foreign national which require the insurer to own less than a majority of the voting stock of such subsidiary insurance corporation if it is to operate in that nation. See Delaware Code Title 18 Sec. 1313
  • Substitute notice: means all of the following:

    A. See Delaware Code Title 18 Sec. 8603

  • Testify: Answer questions in court.
  • Third-party service provider: means a person who is not a licensee and who contracts with a licensee to maintain, process, store, or otherwise is permitted access to nonpublic information through the person's provision of services to the licensee. See Delaware Code Title 18 Sec. 8603
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302