Really??? Proposed legislation would allow companies to keep some data breaches secret

Let me make sure I have this right … the same company officials who are currently being warned about cyber risk but are not finding it significant enough to act are going to be the ones who determine whether there is a reasonable chance that customers will be harmed — from their data breach — and if, in their judgment there is not, they will not have to go through a breach response? Really???

“The proposed law would require quick disclosure by companies if there is a risk of serious identity theft or fraud, the Wall Street Journal’s Risk & Compliance Journal (sub. req.). But there would be no need for disclosure when company officials believe there is no reasonable chance that customers will be harmed.”

via Proposed legislation would allow companies to keep some data breaches secret.

Published by Shawn E. Tuma

Shawn Tuma is an attorney who is internationally recognized in cybersecurity, computer fraud and data privacy law, areas in which he has practiced for nearly two decades. He is a Partner at Spencer Fane, LLP where he regularly serves as outside cybersecurity and privacy counsel to a wide range of companies from small to midsized businesses to Fortune 100 enterprises. You can reach Shawn by telephone at 972.324.0317 or email him at stuma@spencerfane.com.

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