Tenn. Code § 29-34-215

Current through Acts 2023-2024, ch. 1069
Section 29-34-215 - Liability of private entities for cybersecurity events
(a) As used in this section:
(1) "Cybersecurity event" means an event resulting in unauthorized access to, or disruption or misuse of, an information system or nonpublic information stored on an information system;
(2) "Information system" has the same meaning as defined in § 56-2-1003;
(3) "Nonpublic information" means information that is not publicly available and concerns a person that, because of a name, number, personal mark, or other identifier, can be used to identify that person, in combination with the following:
(A) A social security number;
(B) A driver license number or non-driver identification card number;
(C) A financial account number or credit or debit card number;
(D) A security code, access code, or password that would permit access to the person's financial accounts; or
(E) Biometric records;
(4) "Private entity" means a corporation, religious or charitable organization, association, partnership, limited liability company, limited liability partnership, or other private business entity, whether organized for-profit or not-for-profit; and
(5) "Publicly available information" means information that is lawfully made available through federal, state, or local government records, or information that a business has a reasonable basis to believe is lawfully made available to the general public.
(b) A private entity is not liable in a class action lawsuit resulting from a cybersecurity event unless the cybersecurity event was caused by willful and wanton misconduct or gross negligence on the part of the private entity.

T.C.A. § 29-34-215

Added by 2024 Tenn. Acts, ch. 991,s 1, eff. 5/21/2024.