Law / United States /
Mississippi
Insurance Data Security Law, nonpublic information including biometric records
Miss. Code Ann. §§ 83-5-801 to 83-5-825, SB 2831 § 3(k)
In force since .
A sensitive categories rule binding private bodies.
- How the hook was established
- express
- What makes it apply
- Data subject residence
- Audit expectation
- none
What it requires
- If you are a Mississippi insurance licensee, treat a biometric record as nonpublic information requiring this law's data-security safeguards, alongside a Social Security number, driver's license number, or financial account number.
These lines are LexLint's reading of the law's text. Also read by: Mississippi Insurance Department (guidance, recorded ).
In the frameworks
- NIST Privacy Framework
- ID.IM-P6Data elements within the data actions are inventoried.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Guidance link
- https://web.archive.org/web/20260416050506if_/https://www.mid.ms.gov/mississippi-insurance-department/companies/mississippi-cybersecurity-law/
- Guidance body
- Mississippi Insurance Department
- Open questions
- Does "biometric records" in Section 3(k) of SB 2831, which the Act does not define, reach a faceprint or voiceprint derived from a photograph, video or audio recording?
What it makes you log
Logging duty
Section 3(k) defines nonpublic information: electronic information that is not publicly available and is identifying consumer data (including a Social Security number, driver's license number, financial account or card number, an access credential or biometric records) or health-related data created by or derived from a health care provider or a consumer. A definition imposes no record duty. The record provisions sit in sections this row does not cite and are not borrowed: section 4(4)(b)(ix) audit trails, section 4(9) five-year supporting records, and section 5(4) a five-year record of every cybersecurity event produced on the Commissioner's demand. The data in the definition belongs to a consumer, defined in section 3(c) as an individual who is a resident of the state.
- Kind
- None
- As of
What this law does
Mississippi adopted the NAIC Insurance Data Security Model Law as SB 2831 (2019 Regular Session), signed and effective , codified at Miss. Code Ann. Sections 83-5-801 to 83-5-825.
Nonpublic information (Section 3(k)) includes electronic information that is not publicly available and that, combined with an identifying element, includes a Social Security number, driver's license or nondriver identification card number, financial account or card number, a financial-account access credential, or biometric records.
Biometric records is a bare, undefined term with no elaboration anywhere in Section 3's definitions and no photograph, video, or audio-recording exclusion or clawback clause, the same shape found in Michigan's parallel adoption of the same model law, so whether it excludes a recording-derived identifier cannot be tested against this text. This law binds insurance licensees only, not a general private-sector actor.
When LexLint raises it
When your app profile says your app processes biometric data or processes personal data.
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