Privacy Law Library

Tort Liability for Cybersecurity Programs (cybersecurity safe harbor)

Iowa Cybersecurity Safe Harbor

Data security · Breach notification

Iowa's cybersecurity safe harbor gives businesses an affirmative defense against tort lawsuits over data breaches if they maintain a written cybersecurity program that reasonably conforms to a recognized framework such as the NIST Cybersecurity Framework, NIST SP 800-171 or 800-53, FedRAMP, CIS Controls, or ISO/IEC 27000. It is voluntary: it rewards good security rather than mandating it.

Where
Iowa
Citation
Iowa Code ch. 554G (554G.1 to 554G.4)
Status
In force
In force since
2023-07-01
Enforced by
None (courts apply the affirmative defense in tort suits)
People can sue
No
Penalties
No penalties. The chapter creates an affirmative defense to tort claims alleging that failure to implement reasonable security controls caused a data breach, and expressly creates no private right of action, including class actions (554G.2(4), 554G.4).
Applies to
  • Covered entities: businesses (for-profit or nonprofit, including financial institutions and 28E entities, but not municipalities) that access, receive, store, maintain, communicate, or process personal information or restricted information (554G.1(1), (3))

Security duties

  • To claim the defense, create, maintain, and comply with a written cybersecurity program with administrative, technical, operational, and physical safeguards for personal and restricted information.Iowa Code 554G.2(1) · Only if: Business seeks the affirmative defense
  • Design the program to continually evaluate and mitigate threats, evaluate at least annually the maximum probable loss from a breach, and tell affected parties about risks and mitigation steps after a known breach.Iowa Code 554G.2(2)(a)-(c) · Only if: Business seeks the affirmative defense
  • The program must reasonably conform to a listed industry framework (or to applicable regulatory regimes such as HIPAA, GLBA, or FISMA) and be updated within one year after a framework revision.Iowa Code 554G.2(4)(b); 554G.3 · Only if: Business seeks the affirmative defense

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: The list of regulatory regimes in 554G.3(1)(b) was not read in full; HIPAA, GLBA and FISMA are named as examples only.

Research reference, not legal advice.