In nan second case, interaction specifications for nan rule enforcement agency would request to beryllium supplied also
US rule enforcement whitethorn activity to hold nan nationalist disclosure of an incident, successful which lawsuit nan applicable agency would request to supply a written petition for an extension, which tin beryllium granted for an further 60 days beyond nan first 30-day window.
Crucially, nan amendment [PDF] will only use to information breaches that impact nan theft of unencrypted information belonging to astatine slightest 500 consumers.
In nan original proposal, nan drafting process for which started successful October 2021, nan reasoning was that nan amendment would use to events successful which 1,000 consumers aliases much were affected.
The FTC yet reduced this to 500, but said it would apt only lead to nan further reporting of a mini number of incidents a twelvemonth – astir 5 percent much that would, by nan FTC's estimates, impact 155 other organizations.
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The 500-consumer cutoff broadly aligns pinch authorities laws astir information breach reporting successful nan US. California, for example, requires akin disclosures to beryllium made successful nan arena that 500 authorities residents are affected by a breach, whereas nan cutoff is group astatine 1,000 individuals successful Alabama.
Other states, for illustration Colorado, person different rules for different cutoffs. If nan number of affected residents is betwixt 500 and 999, notices must beryllium sent to nan Attorney General. For those that effect 1,000 aliases more, nan statement must notify each user reporting agencies too. Data breaches of immoderate size must ever beryllium reported to individuals that are affected, nary matter really mini nan number, wrong 30 days.
The amendment will travel into effect 180 days aft it's published successful nan Federal Register. The day for this has not been group but will astir apt travel into effect successful 2024.
The FTC's news comes conscionable a fewer months aft nan Securities and Exchange Commission (SEC) announced its ain mandatory breach reporting rules successful July, but pinch a acold stricter four-day window.
Public companies that suffer "material" information breaches will beryllium required to record an Item 1.05 Form 8-K study that includes specifications of nan breach – akin accusation to that required by nan FTC's latest amendment – and will beryllium made nationalist by nan regulator.
Experts speaking to The Register astatine nan clip expressed interest complete US organizations' expertise to find materiality, saying compliance will beryllium difficult to support arsenic a result.
The Department of Homeland Security (DHS) has besides precocious published proposals [PDF] to make nan reporting of information incidents much streamlined astatine nan national level, including nan proposal for a azygous reporting portal. ®