FTC Publishes Blog Post that Could Expand Data Breach Notification Requirements

FTC Publishes Blog Post That Could Expand Data Breach Notification Requirements – On May 20, 2022, the Federal Trade Commission (FTC) published a blog post suggesting that, in certain instances, a company may have to do more than comply with applicable state data breach notification laws upon a data breach. Specifically, the FTC blog post stated that “[r]egardless of whether a breach notification law applies, a breached entity that fails to disclose information to help parties mitigate reasonably foreseeable harm may violate Section 5 of the FTC Act.” (Section 5 of the Federal Trade Commission Act (the “FTC Act”) prohibits ''unfair or deceptive acts or practices in or affecting commerce.”)

Bipartisan Privacy Bill Released For Discussion – A bipartisan draft of a federal privacy and data protection bill was released on June 3  for public discussion. The American Data Privacy and Protection Act. The next step is for Congress to conduct hearings on the bill.

Utah Becomes Fourth State to Pass Comprehensive Data Protection Law – On March 24, Utah became the fourth state to pass a comprehensive data protection law. The Utah Data Consumer Privacy Act, which goes into effect on December 31, 2023, has a number of similarities to Virginia’s Consumer Data Protection Act.

Departments of Commerce and Homeland Security Host A Meeting On Space Cybersecurity. On June 16, the Departments of Commerce and Homeland Security co-hosted their third symposium intended to connect commercial space companies with each of the departments on areas of mutual interest concerning cybersecurity measures and policies. The event provided cybersecurity threat updates and discussed recent cyber legislation and executive orders to the commercial space industry, which is coming under increased threats from nation states.

NOAA Releases RFP for Commercial Space Weather Data Pilot. – On May 19, 2022, the National Oceanic and Atmospheric Administration (NOAA) released a Request for Proposal (RFP) to conduct a Commercial Weather Data Pilot (CWDP) Study. The purpose of the study is to identify commercial space weather data sources and related capabilities that may help NOAA meet its space weather mission objectives. The RFP is further evidence of the efforts by a number of government agencies – often in response to Congressional efforts - to use industry to provide data for critical applications such as national security, climate change and space weather.