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

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

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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