ORS 276A.300
Information systems security in executive department

  • rules

(1)

As used in this section:

(a)

“Executive department” has the meaning given that term in ORS 174.112 (“Executive department” defined).

(b)

“Information systems” means computers, hardware, software, storage media, networks, operational procedures and processes used in collecting, processing, storing, sharing or distributing information within, or with any access beyond ordinary public access to, the state’s shared computing and network infrastructure.

(2)

The State Chief Information Officer has responsibility for and authority over information systems security in the executive department, including responsibility for taking all measures that are reasonably necessary to protect the availability, integrity or confidentiality of information systems or the information stored in information systems. The State Chief Information Officer shall, after consultation and collaborative development with agencies, establish a state information systems security plan and associated standards, policies and procedures. The plan must align with and support the Enterprise Information Resources Management Strategy described in ORS 276A.203 (State Chief Information Officer).

(3)

The State Chief Information Officer may coordinate with the Oregon Department of Administrative Services to:

(a)

Review and verify the security of information systems operated by or on behalf of state agencies;

(b)

Monitor state network traffic to identify and react to security threats; and

(c)

Conduct vulnerability assessments of state agency information systems for the purpose of evaluating and responding to the susceptibility of information systems to attack, disruption or any other event that threatens the availability, integrity or confidentiality of information systems or the information stored in information systems.

(4)

The State Chief Information Officer shall contract with qualified, independent consultants for the purpose of conducting vulnerability assessments under subsection (3) of this section.

(5)

In collaboration with appropriate agencies, the State Chief Information Officer shall develop and implement policies for responding to events that damage or threaten the availability, integrity or confidentiality of information systems or the information stored in information systems, whether those systems are within, interoperable with or outside the state’s shared computing and network infrastructure. In the policies, the State Chief Information Officer shall prescribe actions reasonably necessary to:

(a)

Promptly assemble and deploy in a coordinated manner the expertise, tools and methodologies required to prevent or mitigate the damage caused or threatened by an event;

(b)

Promptly alert other persons of the event and of the actions reasonably necessary to prevent or mitigate the damage caused or threatened by the event;

(c)

Implement forensic techniques and controls developed under subsection (6) of this section;

(d)

Evaluate the event for the purpose of possible improvements to the security of information systems; and

(e)

Communicate and share information with appropriate agencies, using preexisting incident response capabilities.

(6)

After consultation and collaborative development with appropriate agencies and the Oregon Department of Administrative Services, the State Chief Information Officer shall implement forensic techniques and controls for the security of information systems, whether those systems are within, interoperable with or outside the state’s shared computing and network infrastructure. The techniques and controls must include using specialized expertise, tools and methodologies to investigate events that damage or threaten the availability, integrity or confidentiality of information systems or the information stored in information systems. The State Chief Information Officer shall consult with the Oregon State Police, the Oregon Department of Emergency Management, the Governor and others as necessary in developing forensic techniques and controls under this section.

(7)

The State Chief Information Officer shall ensure that reasonably appropriate remedial actions are undertaken when the State Chief Information Officer finds that such actions are reasonably necessary by reason of vulnerability assessments of information systems under subsection (3) of this section, evaluation of events under subsection (5) of this section and other evaluations and audits.

(8)

Intentionally left blank —Ed.

(a)

State agencies are responsible for securing computers, hardware, software, storage media, networks, operational procedures and processes used in collecting, processing, storing, sharing or distributing information outside the state’s shared computing and network infrastructure, following information security standards, policies and procedures established by the State Chief Information Officer and developed collaboratively with the agencies. Agencies may establish plans, standards and measures that are more stringent than the standards established by the State Chief Information Officer to address specific agency needs if the plans, standards and measures do not contradict or contravene the state information systems security plan. Independent agency security plans must be developed within the framework of the state information systems security plan.

(b)

A state agency shall report the results of any vulnerability assessment, evaluation or audit conducted by the agency to the State Chief Information Officer for the purposes of consolidating statewide security reporting and, when appropriate, to prompt a state incident response.

(9)

This section does not apply to:

(a)

Research and student computer systems used by or in conjunction with any public university listed in ORS 352.002 (Public universities); and

(b)

Intentionally left blank —Ed.

(A)

Gaming systems and networks operated by the Oregon State Lottery or contractors of the State Lottery; or

(B)

The results of Oregon State Lottery reviews, evaluations and vulnerability assessments of computer systems outside the state’s shared computing and network infrastructure.

(10)

The State Chief Information Officer shall adopt rules to implement the provisions of this section. [Formerly 182.122; 2021 c.539 §28]
Note: The amendments to 276A.300 (Information systems security in executive department) by section 28, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience.
276A.300 (Information systems security in executive department). (1) As used in this section:

(a)

“Executive department” has the meaning given that term in ORS 174.112 (“Executive department” defined).

(b)

“Information systems” means computers, hardware, software, storage media, networks, operational procedures and processes used in collecting, processing, storing, sharing or distributing information within, or with any access beyond ordinary public access to, the state’s shared computing and network infrastructure.

(2)

The State Chief Information Officer has responsibility for and authority over information systems security in the executive department, including responsibility for taking all measures that are reasonably necessary to protect the availability, integrity or confidentiality of information systems or the information stored in information systems. The State Chief Information Officer shall, after consultation and collaborative development with agencies, establish a state information systems security plan and associated standards, policies and procedures. The plan must align with and support the Enterprise Information Resources Management Strategy described in ORS 276A.203 (State Chief Information Officer).

(3)

The State Chief Information Officer may coordinate with the Oregon Department of Administrative Services to:

(a)

Review and verify the security of information systems operated by or on behalf of state agencies;

(b)

Monitor state network traffic to identify and react to security threats; and

(c)

Conduct vulnerability assessments of state agency information systems for the purpose of evaluating and responding to the susceptibility of information systems to attack, disruption or any other event that threatens the availability, integrity or confidentiality of information systems or the information stored in information systems.

(4)

The State Chief Information Officer shall contract with qualified, independent consultants for the purpose of conducting vulnerability assessments under subsection (3) of this section.

(5)

In collaboration with appropriate agencies, the State Chief Information Officer shall develop and implement policies for responding to events that damage or threaten the availability, integrity or confidentiality of information systems or the information stored in information systems, whether those systems are within, interoperable with or outside the state’s shared computing and network infrastructure. In the policies, the State Chief Information Officer shall prescribe actions reasonably necessary to:

(a)

Promptly assemble and deploy in a coordinated manner the expertise, tools and methodologies required to prevent or mitigate the damage caused or threatened by an event;

(b)

Promptly alert other persons of the event and of the actions reasonably necessary to prevent or mitigate the damage caused or threatened by the event;

(c)

Implement forensic techniques and controls developed under subsection (6) of this section;

(d)

Evaluate the event for the purpose of possible improvements to the security of information systems; and

(e)

Communicate and share information with appropriate agencies, using preexisting incident response capabilities.

(6)

After consultation and collaborative development with appropriate agencies and the Oregon Department of Administrative Services, the State Chief Information Officer shall implement forensic techniques and controls for the security of information systems, whether those systems are within, interoperable with or outside the state’s shared computing and network infrastructure. The techniques and controls must include using specialized expertise, tools and methodologies to investigate events that damage or threaten the availability, integrity or confidentiality of information systems or the information stored in information systems. The State Chief Information Officer shall consult with the Oregon State Police, the Office of Emergency Management, the Governor and others as necessary in developing forensic techniques and controls under this section.

(7)

The State Chief Information Officer shall ensure that reasonably appropriate remedial actions are undertaken when the State Chief Information Officer finds that such actions are reasonably necessary by reason of vulnerability assessments of information systems under subsection (3) of this section, evaluation of events under subsection (5) of this section and other evaluations and audits.

(8)

Intentionally left blank —Ed.

(a)

State agencies are responsible for securing computers, hardware, software, storage media, networks, operational procedures and processes used in collecting, processing, storing, sharing or distributing information outside the state’s shared computing and network infrastructure, following information security standards, policies and procedures established by the State Chief Information Officer and developed collaboratively with the agencies. Agencies may establish plans, standards and measures that are more stringent than the standards established by the State Chief Information Officer to address specific agency needs if the plans, standards and measures do not contradict or contravene the state information systems security plan. Independent agency security plans must be developed within the framework of the state information systems security plan.

(b)

A state agency shall report the results of any vulnerability assessment, evaluation or audit conducted by the agency to the State Chief Information Officer for the purposes of consolidating statewide security reporting and, when appropriate, to prompt a state incident response.

(9)

This section does not apply to:

(a)

Research and student computer systems used by or in conjunction with any public university listed in ORS 352.002 (Public universities); and

(b)

Intentionally left blank —Ed.

(A)

Gaming systems and networks operated by the Oregon State Lottery or contractors of the State Lottery; or

(B)

The results of Oregon State Lottery reviews, evaluations and vulnerability assessments of computer systems outside the state’s shared computing and network infrastructure.

(10)

The State Chief Information Officer shall adopt rules to implement the provisions of this section.
Note: Sections 1 and 2, chapter 394, Oregon Laws 2021, provide:
Sec. 1. (1) The office of Enterprise Information Services shall prepare recommendations for elevating consideration of privacy, confidentiality and data security measures in the design, delivery and management of enterprise and shared information technology services for state government. In preparing the recommendations, the office shall consider and address, at a minimum:

(a)

The merits of either establishing and appointing a dedicated state privacy officer within the office of Enterprise Information Services to manage and oversee information protection and privacy guidance for state government, or continuing to delegate such duties to the Chief Data Officer or another officer within the office’s current management team;

(b)

The merits of developing and embedding a robust privacy assessment tool within existing evaluative frameworks for state government information technology projects and investments; and

(c)

The merits of outreach, education and engagement with those whose information is collected, stored, compiled, utilized, commodified or otherwise used as part of a state agency information technology project or investment.

(2)

The office shall provide the recommendations required by subsection (1) of this section in a report, in the manner provided by ORS 192.245 (Form of report to legislature), to the interim committees of the Legislative Assembly related to government accountability and information technology no later than September 15, 2022. [2021 c.394 §1]
Sec. 2. Section 1 of this 2021 Act is repealed on January 2, 2023. [2021 c.394 §2]

Source: Section 276A.300 — Information systems security in executive department; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html.

276A.200
Legislative findings on information resources
276A.203
State Chief Information Officer
276A.206
Oversight of state information and telecommunications technology by State Chief Information Officer
276A.209
State Information Technology Operating Fund
276A.223
Requirement that state agency or public corporation obtain quality management services when implementing information technology initiative
276A.230
Definitions
276A.233
Information technology portfolio-based management
276A.236
Enterprise information resources management
276A.239
Portfolio-based management of information technology resources for Secretary of State
276A.242
Portfolio-based management of information technology resources for State Treasurer
276A.250
Definitions
276A.253
Oregon transparency website
276A.256
Reports of tax expenditures connected to economic development
276A.259
Transparency Oregon Advisory Commission
276A.262
Transparency Oregon Advisory Commission Fund
276A.270
Definitions
276A.273
Electronic Government Portal Advisory Board
276A.276
Ability to offer government services through portal
276A.300
Information systems security in executive department
276A.303
Information systems security for Secretary of State, State Treasurer and Attorney General
276A.306
Information security incidents and assessments
276A.323
State agency coordination
276A.326
Oregon Cybersecurity Advisory Council
276A.329
Oregon Cybersecurity Center of Excellence
276A.332
Authority of State Chief Information Officer to enter into agreements
276A.335
Moneys from federal government and other sources
276A.350
Definitions
276A.353
Chief Data Officer
276A.356
Open data standard
276A.359
Technical standards manual
276A.362
Release of publishable data on web portal
276A.365
Information management by state agencies
276A.368
Purpose of data
276A.371
Obligations of state agency under public records law
276A.374
Application to Secretary of State and State Treasurer
276A.400
Policy
276A.403
Coordination of telecommunications systems
276A.406
Acquisition of broadband and communications services
276A.409
Use of agency travel and transportation funds for telecommunications services
276A.412
Contracts for telecommunications equipment and services not to exceed 10 years
276A.415
Agreements to fund or acquire telecommunications equipment and services
276A.418
Public contracts for broadband Internet access service
276A.421
Provision of broadband services that compete with services of private telecommunications provider
276A.424
Connecting Oregon Schools Fund
276A.500
Definitions
276A.503
Oregon Geographic Information Council
276A.506
Powers of council
276A.509
Public body duty to share geospatial framework data with council
276A.512
Oregon Geographic Information Council Fund
276A.515
State geographic information officer
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