Federal Policy Agenda
- TechNet supports a preemptive federal data breach notification law that would establish a single national standard.
- Only a single national standard will provide companies and customers with consistent, actionable notice of a data breach that could result in substantial harm.
- A national standard should include strong federal preemption with no state savings clauses.
- Notice standards should be related to protecting individuals from harm.
- Notice requirements that are not related to a substantial harm will only burden companies and confuse customers with frivolous notifications.
- A preemptive national standard should apply not only to the breach notification timeline, but also to the data security requirements, which should be flexible, non-prescriptive, and reasonably related to the sensitivity of the data and the state of technology. Any standard should also recognize that companies making every effort to secure data with the best available technology require predictable, accurate, and up-to-date engineering specifications.
- Statutory requirements and obligations should be pinned to adherence to clear objective goals and outcomes, not specific security standards, which change over time.
- Data accessed that is not used or rendered unusable by encryption, redaction, or any other security method or technology should not be considered a breach under the requirements.
- Any statutory definition of personally identifiable information that triggers notification should be limited to information that, if compromised, could identify a specific individual and lead to substantial harm.
- A federal data breach notification law should address instances when there is a breach of personal information on a third-party system. In such instances, the third party should be required to notify the first party that has the relationship with the end-users if the third party is knowledgeable that the data was personally identifiable information. The notification obligation to the end-users should rest with the first party that has the relationship with the end user, unless otherwise stipulated in contractual provisions.
- Public safety entities should be provided the appropriate level of resources to help deter, identify, track, and punish identity theft or other substantial harm stemming from criminal behavior, and provide assistance to consumers.
- Consistent, exclusive enforcement of a new statute by the Federal Trade Commission (FTC) and state attorneys general, other than for entities subject to federal notification requirements such as in the Health Insurance Portability and Accountability Act (HIPAA) or the Gramm-Leach-Bliley Act (GLBA).
- Legislation that includes private rights of action and civil penalties would reduce the effectiveness of a federal data breach notification law without providing substantive breach protections for consumers.