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FCW : March 15, 2014
SM March 15, 2014 FCW.COM 9 of the 618 Presidential Management Fellows for 2013 have not yet received appointments 455 In the wake of recent high-pro le data breaches at several retailers, Congress is reviving the push to pass laws that address data breach investigation and noti cation. Lawmakers introduced several bills in the rst weeks of 2014, including a fth go-around for Vermont Democrat- ic Sen. Patrick Leahy s Personal Data Privacy and Security Act and the Data Security and Breach Noti cation Act from Sens. Dianne Feinstein (D-Calif.) and Jay Rockefeller (D-W.Va.). Both look to the Federal Trade Commission to set standards that would supersede an assortment of state laws. Those state-to-state variations make responding to data breaches and noti- fying victims more complicated than a single federal law would, according to congressional sources. "States take very different approach- es to the rules for when a company has been breached," said Graham Dufault, counsel in the of ce of Rep. Lee Terry (R-Neb.), at the TechVoice DC Fly-In in February. "From the very begin- ning of the conversation, [questions arise about] the de nition of personal information. It matters because the only time you re going to notify anyone is if their personally identi able information was accessed." The discrepancies further complicate an already complex process for investi- gating public or private data breaches, including examining networks to deter- mine where breaches occurred, what information was accessed and who needs to be noti ed. Currently, there is not much in the way of a standard for that activity and, perhaps more important, no timeline for when the work needs to be completed. "There is always a push for a short time frame to notify, but those of us in the incident response community know that s not always possible," said Kim Peretti, a partner in Alston and Bird s White Collar Crime Group and a former senior litigator in the Jus- tice Department. "Different complex breaches and complex malware take time to investigate, and there s complex infrastructure on top of that. There s a patchwork of data breach noti cation statutes, and they re suf ciently differ- ent and nuanced." "In the last hearing, the consensus seemed to be that it would be nice if there was one standard, one set of requirements," Dufault said. --- Amber Corrin 'Patchwork' of laws complicates data breach response
March 30, 2014