COSTA MESA, Calif. (5/21/14)--A new white paper developed by Experian Data Breach Resolution analyzes the current legislative and regulatory landscape surrounding data breaches.
Released Tuesday, "Policymakers Review Focus on Data Breach Laws" notes that efforts to prepare a data-breach-response plan must include a review of state and federal laws to understand the framework for notifications and other requirements.
"You don't want to learn the current patchwork of federal and state data-breach laws while in the midst of a breach," said Michael Bruemmer, vice president, Experian Data Breach Resolution, when unveiling the free white paper. Having the right group of experts identified in advance of a problem will significantly improve a company's ability to respond in a way that meets regulatory requirements and keeps the focus on assisting the affected population, Bruemmer said.
In its release Experian noted that the absence of a federal data security and breach standard, while there are 47 separate state notification laws, fosters a lot of uncertainty. However, the state statutes along with a regulatory threshold established by the attorneys general and the Federal Trade Commission through enforcement orders, "comprise the law of the land, and both the attorneys general and the FTC are taking action to ensure compliance."
In examining the current landscape, key topics addressed in the paper include:
- Continued FTC action: Since 2001, the FTC has brought more than 50 cases that accused businesses of failing to protect consumers' personal information. In the settlements, the FTC has required entities to implement a comprehensive information security program and undergo evaluation every two years by a certified third party.
- Federal focus on new data breach laws: New legislation continues to be introduced in the U.S. Congress to address the absence of a national data breach standard.
- Global policy trend considerations in data breach notification within the European Union, as well as in Australia and countries in Latin America--including Mexico, Costa Rica and Colombia.
To download the full complimentary white paper, use the resource link.