Feb 072012
 

Senator Feinstein’s proposed data breach notification law, Data Breach Notification Act of 2011 (S. 1408) has been placed on the Senate Legislative Calendar under General Orders. Calendar No. 310.  The bill, which I have criticized in both its past and current incarnations is an incredibly weak bill that would provide little information to affected consumers, uses vague terms like “without unreasonable delay,” and allows the entity to decide not to notify based on their own risk assessment – although they would have to explain why and could be overruled by the government.

As the bill would pre-empt much stronger state data breach notification laws, this bill needs to be killed.  Permanently.  It was never a good bill and will never be a good bill.

  2 Responses to “Data breach notification proposal placed on Senate calendar”

  1. I couldn’t agree more. I was fortunate enough to be invited to speak to the Boston Bar Association where I broke down Senator Feinstein’s bill. I called it “out in left field”

    It would eviscerate current state laws just when we are starting to see a level of compliance. This bill moves the issue backwards, not forward.

  2. Here! Here! – Your 100% correct. This proposed bill is NOT logical and has NO merit. Just what is needed now is the Federal Government trying to jump in and screw up what the State’s have been trying to resolve for years “compliance”.

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