State Cybersecurity Office — Duties and powers — Definitions

Ark. Code Ann. § 25-4-132 — under Division of Information Systems.

Ark. Code Ann. § 25-4-132

(a) As used in this section:(1) “Cybersecurity”:(A) Means the practice of protecting a system, network, device, and data from cyber threats, unauthorized access, and malicious activities; and(B) Involves a combination of technologies, processes, policies, and practices designed to safeguard and ensure the confidentiality, integrity, and availability of digital assets;(2) “Functionally report” means the practice of aligning employees based on function, including without limitation cybersecurity function and information security function, and includes without limitation the following factors:(A) Monitoring and responding to threats;(B) Incident response and recovery;(C) Vulnerability management;(D) Security awareness training;(E) Compliance and risk management; and(F) Implementation and adherence to cybersecurity governance and standards;(3) “Information security” means a practice or system that eliminates or reduces the risk of state information being maliciously or improperly accessed through physical or electronic means; and(4) “State agency” means a department, agency, division, board, or commission within the executive branch of the state government.

(1) “Cybersecurity”:(A) Means the practice of protecting a system, network, device, and data from cyber threats, unauthorized access, and malicious activities; and(B) Involves a combination of technologies, processes, policies, and practices designed to safeguard and ensure the confidentiality, integrity, and availability of digital assets;

(A) Means the practice of protecting a system, network, device, and data from cyber threats, unauthorized access, and malicious activities; and

(B) Involves a combination of technologies, processes, policies, and practices designed to safeguard and ensure the confidentiality, integrity, and availability of digital assets;

(2) “Functionally report” means the practice of aligning employees based on function, including without limitation cybersecurity function and information security function, and includes without limitation the following factors:(A) Monitoring and responding to threats;(B) Incident response and recovery;(C) Vulnerability management;(D) Security awareness training;(E) Compliance and risk management; and(F) Implementation and adherence to cybersecurity governance and standards;

(A) Monitoring and responding to threats;

(B) Incident response and recovery;

(C) Vulnerability management;

(D) Security awareness training;

(E) Compliance and risk management; and

(F) Implementation and adherence to cybersecurity governance and standards;

(3) “Information security” means a practice or system that eliminates or reduces the risk of state information being maliciously or improperly accessed through physical or electronic means; and

(4) “State agency” means a department, agency, division, board, or commission within the executive branch of the state government.

(b) The State Cybersecurity Office shall:(1) Be managed by the State Information Security Officer;(2) Be responsible for directing and managing all functions related to state cybersecurity and information security for each state agency;(3) Maximize state cybersecurity resources, including without limitation cybersecurity personnel;(4) Establish cybersecurity governance policies, procedures, and standards to protect state information technology systems and infrastructure, including without limitation:(A) Data classification and design controls;(B) Cybersecurity and data breach notification;(C) Detection, mitigation, and monitoring of cybersecurity threats;(D) A cyber assessment program and remediation actions;(E) Cybersecurity awareness and training; and(F) Enforcement and compliance, including without limitation:(i) Creation of a procedure for auditing;(ii) Implementation of a state incident response plan and incident response team;(iii) Coordination with state and federal agencies, including without limitation service as the incident response coordinator;(iv) Service as a cybersecurity resource for local, state, and federal agencies, utilities and other service providers, academic institutions, and nongovernmental organizations; and(v) Audit of the compliance of each state agency with state and federal cybersecurity governance standards, policies, and procedures; and(5) (A) Report the audit and enforcement findings of the State Cybersecurity Office in a closed meeting to the Joint Committee on Advanced Communications and Information Technology at least two (2) times per calendar year and at the call of the chair, as appropriate.(B) The report under subdivision (b)(5)(A) of this section shall detail cyber assessment and remediation actions, department noncompliance, and other cybersecurity efforts that the State Cybersecurity Office determines are relevant.

(1) Be managed by the State Information Security Officer;

(2) Be responsible for directing and managing all functions related to state cybersecurity and information security for each state agency;

(3) Maximize state cybersecurity resources, including without limitation cybersecurity personnel;

(4) Establish cybersecurity governance policies, procedures, and standards to protect state information technology systems and infrastructure, including without limitation:(A) Data classification and design controls;(B) Cybersecurity and data breach notification;(C) Detection, mitigation, and monitoring of cybersecurity threats;(D) A cyber assessment program and remediation actions;(E) Cybersecurity awareness and training; and(F) Enforcement and compliance, including without limitation:(i) Creation of a procedure for auditing;(ii) Implementation of a state incident response plan and incident response team;(iii) Coordination with state and federal agencies, including without limitation service as the incident response coordinator;(iv) Service as a cybersecurity resource for local, state, and federal agencies, utilities and other service providers, academic institutions, and nongovernmental organizations; and(v) Audit of the compliance of each state agency with state and federal cybersecurity governance standards, policies, and procedures; and

(A) Data classification and design controls;

(B) Cybersecurity and data breach notification;

(C) Detection, mitigation, and monitoring of cybersecurity threats;

(D) A cyber assessment program and remediation actions;

(E) Cybersecurity awareness and training; and

(F) Enforcement and compliance, including without limitation:(i) Creation of a procedure for auditing;(ii) Implementation of a state incident response plan and incident response team;(iii) Coordination with state and federal agencies, including without limitation service as the incident response coordinator;(iv) Service as a cybersecurity resource for local, state, and federal agencies, utilities and other service providers, academic institutions, and nongovernmental organizations; and(v) Audit of the compliance of each state agency with state and federal cybersecurity governance standards, policies, and procedures; and

(i) Creation of a procedure for auditing;

(ii) Implementation of a state incident response plan and incident response team;

(iii) Coordination with state and federal agencies, including without limitation service as the incident response coordinator;

(iv) Service as a cybersecurity resource for local, state, and federal agencies, utilities and other service providers, academic institutions, and nongovernmental organizations; and

(v) Audit of the compliance of each state agency with state and federal cybersecurity governance standards, policies, and procedures; and

(5) (A) Report the audit and enforcement findings of the State Cybersecurity Office in a closed meeting to the Joint Committee on Advanced Communications and Information Technology at least two (2) times per calendar year and at the call of the chair, as appropriate.(B) The report under subdivision (b)(5)(A) of this section shall detail cyber assessment and remediation actions, department noncompliance, and other cybersecurity efforts that the State Cybersecurity Office determines are relevant.

(A) Report the audit and enforcement findings of the State Cybersecurity Office in a closed meeting to the Joint Committee on Advanced Communications and Information Technology at least two (2) times per calendar year and at the call of the chair, as appropriate.

(B) The report under subdivision (b)(5)(A) of this section shall detail cyber assessment and remediation actions, department noncompliance, and other cybersecurity efforts that the State Cybersecurity Office determines are relevant.

(c) A state agency shall comply with the cybersecurity governance standards, policies, and procedures established by the State Cybersecurity Office under subdivision (b)(4) of this section, except:(1) The standards of a state agency may be more stringent than the statewide minimum standards, but in no case less than the statewide minimum standards; and(2) When federal standards apply that are stricter than the statewide minimum standards, the federal standards shall apply.

(1) The standards of a state agency may be more stringent than the statewide minimum standards, but in no case less than the statewide minimum standards; and

(2) When federal standards apply that are stricter than the statewide minimum standards, the federal standards shall apply.

(d) The State Information Security Officer may create a Cybersecurity Governance Team to assist the State Cybersecurity Office in the development and administration of the State Cybersecurity Office's cybersecurity plan, standards, policies, and procedures.

(e) (1) Except as provided under subdivision (e)(2) of this section, cybersecurity personnel and personnel with job functions that relate to information security within each state agency shall functionally report to the State Cybersecurity Office for the purpose of implementing this section.(2) The positions, funding, and daily management of cybersecurity personnel and personnel with job functions related to information security under subdivision (e)(1) of this section shall remain with each respective state agency.

(1) Except as provided under subdivision (e)(2) of this section, cybersecurity personnel and personnel with job functions that relate to information security within each state agency shall functionally report to the State Cybersecurity Office for the purpose of implementing this section.

(2) The positions, funding, and daily management of cybersecurity personnel and personnel with job functions related to information security under subdivision (e)(1) of this section shall remain with each respective state agency.

(f) This section shall not be construed as requiring access to data that is protected by state or federal law.