Affirmative defense

Sec. 32. (a) A licensee that satisfies the requirements of this chapter is entitled to an affirmative defense to any cause of action sounding in tort that: (1) is brought under the laws or in the courts of this state; and (2) alleges that the failure to implement reasonable information security controls resulted in a data breach concerning nonpublic information. (b) The affirmative defense available under this section does not limit any other affirmative defenses available to a licensee. As added by P.L.130-2020, SEC.10.