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ISPs Say 1996 Law Blocks FCC’s New Data Breach Rules

In Legal News
September 10, 2024

“Telecom companies told the U.S. Court of Appeals for the Sixth Circuit Monday that new Federal Communications Commission data breach rules are too similar to ones nixed by Congress in 2017.” Broadband Breakfast reports:

“Congress disapproved the FCC’s earlier 2016 Reporting Rule, and the FCC all but admits that the two rules are nearly identical. That should end this case,” trade groups for the wireless, cable, and broadband industries wrote in a reply brief submitted to the Cincinnati-based court.

The agency adopted rules in December that expanded the definition of a breach to include inadvertent access to customer data without authorization, as well as the definition of covered data to include more personally identifiable information. The rules also require companies to notify the FCC in addition to law enforcement agencies of a breach and to notify customers sooner. There are some carve outs for situations in which harm is very unlikely or an employee accessed data in good faith.

Read more at Broadband Breakfast.