Law / United States / 
Mississippi
Insurance Data Security Law, no private cause of action
Miss. Code Ann. §§ 83-5-801 to 83-5-825, SB 2831 § 2
In force since .
An enforcement supervision rule binding private bodies.
- Private right of action
- No
- Audit expectation
- none
What it requires
- Expect the Insurance Data Security Law to be enforced by the Mississippi Commissioner of Insurance; the law expressly forecloses a private cause of action for its own violation.
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
- Open questions
- Which private causes of action "would otherwise exist in the absence of this act" against a licensee for a data-security failure, given that Section 2(2) of SB 2831 says the Insurance Data Security Law does not curtail them?
What it makes you log
Logging duty
Section 2 makes the Act the exclusive state standard for a licensee's data security, the investigation of a cybersecurity event and notice to the Commissioner of Insurance, and bars a private cause of action. It names no record itself. The record provisions sit in sections this row does not cite and are not borrowed: section 4(4)(b)(ix) calls for audit trails, section 4(9) has an insurer keep supporting records for 5 years for examination by the Department, section 5(4) has a licensee keep records of all cybersecurity events for at least 5 years and produce them on the Commissioner's demand, and section 7 gives the Commissioner a power to examine a licensee. Section 2 states no territorial test of its own.
- Kind
- None
- As of
What this law does
The Insurance Data Security Law expressly may not be construed to create or imply a private cause of action for its violation, nor to curtail a private cause of action that would otherwise exist absent the law, the same two-part structure as Michigan's parallel statute. The law establishes the exclusive Mississippi standards for a licensee's data security and notification to the Commissioner of Insurance, who enforces it.
When LexLint raises it
When your app profile says your app processes biometric data.
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