CSO Online: Battle could be brewing over new FCC data breach reporting rules

April 11, 2023

Not surprisingly, consumer advocates stand in significant opposition to a harm trigger. For example, the Electronic Privacy Information Center (EPIC) told the FCC, “Establishing harm as a threshold issue can result in legal ambiguity and underreporting. Additionally, it can result in delayed reporting as it may take time to assess whether the minimum threshold for reportable harm has been met.” EPIC also represents the Center for Democracy and Technology, Privacy Rights Clearinghouse, and Public Knowledge in the proceeding.

“I think this is the most important part of this proceeding: Who gets to decide what constitutes harm,” Chris Frascella, law fellow at the Electronic Privacy Information Center, tells CSO. “Because that’s going to determine what you have to report to consumers.”

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