5 GCA GOVERNMENT OPERATIONS CH. 14 ELECTRONIC DATA PROTECTION ACT OF 2012 ELECTRONIC DATA PROTECTION ACT OF 2012 CHAPTER 14 SOURCE: Chapter added by P.L. 31-223:2 (June 15, 2012). § 14101. Definitions. § 14102. Review. § 14103. Establishment of Rules. § 14104. Cost Assessment and Reporting of Data. § 14105. Procurement Process. § 14101. Definitions. As used in this Chapter: (a) Sanitization is the general process of removing data from storage media, such that there is reasonable assurance that the data may not be easily retrieved or reconstructed. (b) Storage media refers to electronic media including, but not limited to, hard drives, random access memory (RAM), read-only memory (ROM), disks, memory devices, phones, mobile computing devices and networking equipment. § 14102. Review. The Director of the Department of Administration (DOA), the Chief Procurement Officer of the General Services Agency (GSA), and the Chief Information Officer of the Bureau of Information Technology (BIT), or their designees, shall be jointly responsible for conducting a review of all current computers, digital copier machines or digital copier machine services utilized by the government of Guam. Additionally, they shall be responsible for ensuring that sanitization occur on all storage media before said machines are either replaced or refurbished and resold to non-governmental entities, or discarded. The head of the respective government of Guam entity shall work in concert with DOA, GSA and BIT when the review is being conducted at his entity. § 14103. Establishment of Rules. The Director of DOA, the Chief Procurement Officer of GSA, and the Chief Information Officer of BIT, or their designees, shall be responsible for developing a single process to be used and rules to be COL08062012 1 5 GCA GOVERNMENT OPERATIONS CH. 14 ELECTRONIC DATA PROTECTION ACT OF 2012 followed in ensuring the proper sanitization of storage media for all government of Guam entities, which shall be subject to consideration and approval in accordance with Chapter 9, Title 5 of the Guam Code Annotated. § 14104. Cost Assessment and Reporting of Data. It shall be the responsibility of the Director of DOA, the Chief Procurement Officer of GSA, and the Chief Information Officer of BIT to conduct a joint cost assessment on the procurement of equipment or software which sanitizes storage media for all computers and digital copier machines utilized by government of Guam entities. The initial cost assessment shall be completed no later than one hundred twenty (120) days subsequent to the passage of this Act, and the Director of DOA shall submit a written report to the Speaker of I Liheslaturan Guåhan. A cost assessment shall be conducted and completed no later than September 30 of the subsequent year following the passage of this Act, and every year thereafter. The data resulting from such assessment shall be transmitted in writing by the Director of DOA to the Speaker of I Liheslaturan Guåhan. § 14105. Procurement Process. Any digital copier machines or digital copier machine services procured after September 31, 2012, shall include equipment or software which erases storage media. The Director of DOA, the Chief Procurement Officer of GSA, and the Chief Information Officer of BIT, or their designees, shall be observers throughout the procurement of computers, digital copier machines or digital copier machine services; shall receive copies of all documents involved; and shall be invited to and participate in any meetings relating to the procurement of said machines and services. ---------- COL08062012 2