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TITLE 1ADMINISTRATION
PART 10DEPARTMENT OF INFORMATION RESOURCES
CHAPTER 202INFORMATION SECURITY STANDARDS
SUBCHAPTER BSECURITY STANDARDS FOR STATE AGENCIES
RULE §202.26Security Incidents

(a) Each state agency shall assess the significance of a security incident based on the business impact on the affected resources and the current and potential technical effect of the incident, e.g., loss of revenue, productivity, access to services, reputation, unauthorized disclosure of confidential information, or propagation to other networks. Security incidents shall be promptly reported to immediate supervisors and the agency Information Security Officer. Security incidents that require timely reporting to the department include those events that are assessed to:

  (1) Propagate to other state systems;

  (2) Result in criminal violations that shall be reported to law enforcement; or

  (3) Involve the unauthorized disclosure or modification of confidential information, e.g., sensitive personal information as defined in §521.002(a)(2), Business and Commerce Code, and other applicable laws that may require public notification.

(b) If the security incident is assessed to involve suspected criminal activity (e.g., violations of Chapters 33, Penal Code (Computer Crimes) or Chapter 33A, Penal Code (Telecommunications Crimes)), the security incident shall be investigated, reported, and documented in a manner that restores operation promptly while meeting the legal requirements for handling of evidence.

(c) Depending on the criticality of the incident, it will not always be feasible to gather all the information prior to reporting. In such cases, incident response teams should continue to report information to the department as it is collected. The department shall instruct state agencies as to the manner in which they shall report such information to the department. Supporting vendors or other third parties that report security incident information to an agency shall submit such reports to the agency in the form and manner specified by the department, unless otherwise directed by the agency.

(d) Summary reports of security-related events shall be sent to the department on a monthly basis no later than nine (9) calendar days after the end of the month. Agencies shall submit summary security incident reports in the form and manner specified by the department. Supporting vendors or other third parties that report security incident information to an agency shall submit such reports to the agency in the form and manner specified by the department, unless otherwise directed by the agency.


Source Note: The provisions of this §202.26 adopted to be effective November 28, 2004, 29 TexReg 10703; amended to be effective September 17, 2009, 34 TexReg 6315

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