Mississippi House Bill HB1575

Mississippi 2024 Regular Session

• Introduced: 2/19/24
• Refer: 2/19/24
• Failed: 3/5/24

Caption

Cybersecurity; local governmental and commercial entities substantially complying with certain standards not liable for incidents connected to.

Impact

By aligning with recognized cybersecurity standards, HB1575 seeks to minimize the legal risks associated with data breaches and cyberattacks. The bill emphasizes that a commercial entity or local government, whether a county or municipality, can avoid liability if they demonstrate substantial compliance with the cybersecurity frameworks. This is significant as it allows local bodies to engage with modern cybersecurity practices without the fear of being overwhelmed by potential lawsuits stemming from breaches, which can deter their efforts to implement essential protections.

Summary

House Bill 1575 aims to provide legal protection to local governmental entities and commercial entities that adopt and substantially comply with certain cybersecurity standards. The bill stipulates that such entities will not be held liable in connection with cybersecurity incidents, provided they follow the established guidelines and protocols outlined by respected national organizations, such as the National Institute of Standards and Technology (NIST). The intent of this legislation is to encourage proactive cybersecurity practices among entities that handle sensitive information, thereby reinforcing data protection measures at various levels of government and business.

Conclusion

Overall, HB1575 is an initiative that seeks to enhance cybersecurity compliance while providing clarity about liability in the context of cyber incidents. As entities continue to navigate the digital landscape with increasing threats to data security, such legislation could play a pivotal role in shaping the cybersecurity framework of Mississippi, fostering a more secure environment for both public and private sectors as they manage sensitive information.

Contention

Notably, the bill specifies that it does not create a private cause of action, which has drawn concern among some stakeholders. Critics argue that this provision might limit the recourse available to individuals affected by data breaches despite the failure of such entities to adhere to cybersecurity measures. Additionally, the requirement for defendants to prove substantial compliance in cases of cybersecurity incidents could raise debates about the sufficient thresholds for compliance and the burden it places on entities when faced with legal challenges.