Florida Administrative Code (Last Updated: October 28, 2024) |
69. Department of Financial Services |
69J. Division of Consumer Services |
69J-128. Privacy Of Consumer Financial And Health Information |
1The following actions and procedures are examples of methods of implementation of the requirements of Rules 1769J-128.032 18and 1969J-128.033, 20F.A.C. These examples are non-exclusive illustrations of actions and procedures that licensees may follow to implement Rules 3769J-128.032 38and 3969J-128.033, 40F.A.C.
41(1) Assess Risk. The licensee:
46(a) Identifies reasonably foreseeable internal or external threats that could result in unauthorized disclosure, misuse, alteration, transmission, or destruction of customer information or customer information systems;
72(b) Assesses the likelihood and potential damage of these threats, taking into consideration the sensitivity of customer information; and
91(c) Assesses the sufficiency of policies, procedures, customer information systems, and other safeguards in place to control risks.
109(2) Manage and Control Risk. The licensee:
116(a) Designs its information security program to control the identified risks, commensurate with the sensitivity of the information as well as the complexity and scope of the licensee’s activities;
145(b) Trains staff as appropriate to implement the licensee’s information security program; and
158(c) Regularly tests or otherwise regularly monitors the key controls, systems, and procedures of the information security program. The frequency and nature of these tests or other monitoring practices are determined by the licensee’s risk assessment.
194(3) Oversee Service Provider Arrangements. The licensee:
201(a) Exercises appropriate due diligence in selecting its service providers; and
212(b) Requires its service providers to implement appropriate measures designed to meet the objectives of this rule; and, where indicated by the licensee’s risk assessment, takes appropriate steps to confirm that its service providers have satisfied these obligations.
250(4) Adjust the Program. The licensee monitors, evaluates, and adjusts as appropriate the information security program in light of any relevant changes in:
273(a) Technology;
275(b) The sensitivity of its customer information;
282(c) The volume of its customer information;
289(d) Internal or external threats to information; and
297(e) The licensee’s own changing business arrangements, such as:
3061. Mergers and acquisitions;
3102. Alliances and joint ventures;
3153. Outsourcing arrangements; and
3194. Changes to customer information systems.
325Specific Authority 327624.308(1), 328626.9651 FS. 330Law Implemented 332624.307(1), 333626.9651 FS. 335History–New 12-8-02, Formerly 4-128.034, 69B-128.034.