N.Y. Comp. Codes R. & Regs. tit. 23 § 500.1

Current through Register Vol. 46, No. 43, October 23, 2024

Section 500.1 - Definitions

For purposes of this Part only, the following definitions shall apply:

(a) Affiliate means any person that controls, is controlled by or is under common control with another person. For purposes of this subdivision, control means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of stock of such person or otherwise.

(b) Authorized user means any employee, contractor, agent or other person that participates in the business operations of a covered entity and is authorized to access and use any information systems and data of the covered entity.

(c)Chief Information Security Officer or CISO means a qualified individual responsible for overseeing and implementing a covered entity's cybersecurity program and enforcing its cybersecurity policy.

(d)Class A company means a covered entity with at least $20,000,000 in gross annual revenue in each of the last two fiscal years from all business operations of the covered entity and the business operations in this State of the covered entity's affiliates and:

(1) over 2,000 employees averaged over the last two fiscal years, including employees of both the covered entity and all of its affiliates no matter where located; or

(2) over $1,000,000,000 in gross annual revenue in each of the last two fiscal years from all business operations of the covered entity and all of its affiliates no matter where located.

For purposes of this subdivision, when calculating the number of employees and gross annual revenue, affiliates shall include only those that share information systems, cybersecurity resources or all or any part of a cybersecurity program with the covered entity.

(e)Covered entity means any person operating under or required to operate under a license, registration, charter, certificate, permit, accreditation or similar authorization under the Banking Law, the Insurance Law or the Financial Services Law, regardless of whether the covered entity is also regulated by other government agencies.

(f)Cybersecurity event means any act or attempt, successful or unsuccessful, to gain unauthorized access to, disrupt or misuse an information system or information stored on such information system.

(g)Cybersecurity incident means a cybersecurity event that has occurred at the covered entity, its affiliates, or a third-party service provider that:

(1) impacts the covered entity and requires the covered entity to notify any government body, self-regulatory agency or any other supervisory body;

(2) has a reasonable likelihood of materially harming any material part of the normal operation(s) of the covered entity; or

(3) results in the deployment of ransomware within a material part of the covered entity's information systems.

(h)Independent audit means an audit conducted by internal or external auditors free to make decisions not influenced by the covered entity being audited or by its owners, managers or employees.

(i)Information system means a discrete set of electronic information resources organized for the collection, processing, maintenance, use, sharing, dissemination or disposition of electronic information, as well as any specialized system such as industrial/process controls systems, telephone switching and private branch exchange systems, and environmental control systems.

(j)Multi-factor authentication means authentication through verification of at least two of the following types of authentication factors:

(1) knowledge factors, such as a password;

(2) possession factors, such as a token; or

(3) inherence factors, such as a biometric characteristic.

(k)Nonpublic information means all electronic information that is not publicly available information and is:

(1) business related information of a covered entity the tampering with which, or unauthorized disclosure, access or use of which, would cause a material adverse impact to the business, operations or security of the covered entity;

(2) any information concerning an individual which because of name, number, personal mark, or other identifier can be used to identify such individual, in combination with any one or more of the following data elements:

(i) social security number;

(ii) drivers' license number or non-driver identification card number;

(iii) account number, credit or debit card number;

(iv) any security code, access code or password that would permit access to an individual's financial account; or

(v) biometric records;

(3) any information or data, except age or gender, in any form or medium created by or derived from a health care provider or an individual and that relates to:

(i) the past, present or future physical, mental or behavioral health or condition of any individual or a member of the individual's family;

(ii) the provision of health care to any individual; or

(iii) payment for the provision of health care to any individual.

(l)Penetration testing means testing the security of information systems by attempting to circumvent or defeat the security features of an information system by authorizing attempted penetration of databases or controls from outside or inside the covered entity's information systems.

(m)Person means any individual or entity, including but not limited to any partnership, corporation, branch, agency or association.

(n)Privileged account means any authorized user account or service account that can be used to perform security-relevant functions that ordinary users are not authorized to perform, including but not limited to the ability to add, change or remove other accounts, or make configuration changes to information systems.

(o)Publicly available information means any information that a covered entity has a reasonable basis to believe is lawfully made available to the general public from: Federal, State or local government records; widely distributed media; or disclosures to the general public that are required to be made by Federal, State or local law. A covered entity has a reasonable basis to believe that information is lawfully made available to the general public if the covered entity has taken steps to determine:

(1) that the information is of the type that is available to the general public; and

(2) whether an individual can direct that the information not be made available to the general public and, if so, that such individual has not done so.

(p)Risk assessment means the process of identifying, estimating and prioritizing cybersecurity risks to organizational operations (including mission, functions, image and reputation), organizational assets, individuals, customers, consumers, other organizations and critical infrastructure resulting from the operation of an information system. Risk assessments incorporate threat and vulnerability analyses and consider mitigations provided by security controls planned or in place .

(q)Senior governing body means the board of directors (or an appropriate committee thereof) or equivalent governing body or, if neither of those exist, the senior officer or officers of a covered entity responsible for the covered entity's cybersecurity program. For any cybersecurity program or part of a cybersecurity program adopted from an affiliate under section 500.2(d) of this Part, the senior governing body may be that of the affiliate.

(r)Senior officer(s) means the senior individual or individuals (acting collectively or as a committee) responsible for the management, operations, security, information systems, compliance and/or risk of a covered entity, including a branch or agency of a foreign banking organization subject to this Part.

(s)Third-party service provider(s) means a person that:

(1) is not an affiliate of the covered entity;

(2) is not a governmental entity;

(3) provides services to the covered entity; and

(4) maintains, processes or otherwise is permitted access to nonpublic information through its provision of services to the covered entity.

N.Y. Comp. Codes R. & Regs. Tit. 23 § 500.1

Adopted, New York State Register March 1, 2017/Volume XXXIX, Issue 09, eff. 3/1/2017

Amended New York State Register November 1, 2023/Volume XLV, Issue 44, eff. 11/1/2023