New Cybersecurity law in SC affects insurance companies and agents

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The effective date is January 1, 2019

South Carolina’s legislature passed a cybersecurity bill on April 18, and Governor Henry McMaster signed it into law on May 3. The new law, which requires that insurers and producers (agents) must establish “strong and aggressive” programs to protect companies and consumers from data breaches, goes into effect at the beginning of next year. The law is called South Carolina Data Security Act, and it will be found at §38-99-10 et seq. of the South Carolina Code.

Insurers and agents must develop, implement and maintain a comprehensive written information security program based on internal risk assessments which contain administrative, technical and physical safeguards for the protection of nonpublic information.

New rules were created that include overseeing third party providers, investigating data breaches and notifying regulators, including the South Carolina Department of Insurance, of cybersecurity events.

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Notification is required to the DOI within 72 hours after determining a cybersecurity event has occurred. Each incident must also be investigated to determine the scope of the breach, the nonpublic information compromised, and the measures to restore the security of the information.

Safe guarding individual insurance policy holders’ personal information is a high priority in the wake of several major insurance companies’ data breaches. Insurers and agents are required to mitigate the potential damage caused by date breaches.

South Carolina was the first state to pass this measure based on the model law developed by the National Association of Insurance Commissioners Cybersecurity Working Group. South Carolina Insurance Director Raymond Farmer chaired the group.

How will this new law be applied to real estate lawyers who are also title insurance agents?  My guess is that the title insurance companies, which probably already have complying programs in place, will provide guidance to their agents between now and the end of the year. Stay tuned!

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New DOI rule: SC title insurance agents must be fingerprinted (Lawyers included!)

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Listen up, South Carolina dirt lawyers!

All title insurance agents must be fingerprinted for their next license renewals! The Department of Insurance has passed a new rule, effective January 1, 2017, requiring fingerprinting for all resident producers.

The DOI published a bulletin which you can read here. South Carolina Law Enforcement Division has established a contract with IdentoGo by MorphoTrust to handle the fingerprinting process. All title insurance agents will need to go to this company’s website, www.IdentoGo.com, to set up an appointment to be fingerprinted. Your zip code will be used to find the most convenient location.

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It is important that you do not wait until the month your license renews to begin this process. The bulletin advises that scheduling and processing may take up to ninety days. The cost for fingerprinting is $50.50.

Every lawyer’s first question is going to be, can’t they use my fingerprints from my Bar application?  The answer, we have been told verbally, is absolutely not. The DOI is emphatic that it will not accept fingerprinting from any other agency nor any other vendor. Every lawyer’s second question is going to be, does this apply to my staff members who are licensed agents?  It does.

Nonresident producers are not required to be fingerprinted.

As a reminder, licenses are renewed in your birth month. If you were born in an odd-numbered year, your next renewal will be in 2017.  If you were born in January or February of an odd-numbered year, you may be late if you haven’t already begun this process.  For those born in even-numbered years, you are safe until 2018.

Good luck!  Call your title insurance company if you have questions or need assistance.