Cyber Risks · Krebs on Security

Toward Better Privacy, Data Breach Laws

Summary: President Obama outlined a proposal requiring companies to notify customers of a data breach within 30 days of discovery, intended to unify nearly four dozen disparate state disclosure laws into a single federal standard. The piece notes that seven states already have shorter 'shot-clock' deadlines - Connecticut requires insurers to notify within five days, and California has similar rules for health providers - while at least 14 states and the District of Columbia let affected consumers sue for damages.

Why it matters: Whether the federal law sets a floor or a ceiling decides the outcome: a baseline that lets states keep stronger rules preserves Connecticut's five-day clock and the 14 states' private right of action, while preemption would collapse them into one weaker standard.

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Topics
Data Breaches
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