Client Alert: Congress Discusses Federal Data Breach Laws

Earlier this week, the U.S. House of Representatives’ Subcommittee on Commerce, Manufacturing and Trade held a hearing during which there was a discussion of a Congressional proposal for a federal data breach statute. 

Currently, there are 47 different state data breach notification laws, with seven states introducing a total of 17 such bills already in 2015. The White House also pressed Congress to make data breach a 2015 priority, as it recently released its own legislative proposal through Senator Bill Nelson of Florida. The White House’s proposal would establish a 30-day window for notification of breach, require companies to report breaches to the government, and charges the Federal Trade Commission as the entity to set and enforce federal data guidelines.

Florida, North Carolina and Ohio each have their own data breach notification statutes. Florida’s is one of the most stringent in the nation. Enacted in 2014, the Florida Information Protection Act establishes many requirements of businesses in the event of a customer data breach. Failure to properly comply can result in significant fines of up to half a million dollars.

Shumaker’s Data Breach Team recognizes that when a data breach occurs, it is quite possibly the most serious threat a business can face and that liability for such breach could be catastrophic. Shumaker’s Data Breach Team is prepared to assist businesses in the event such data breach occurs, as well as to provide advice in avoiding such breaches in the future.

For more information on the Data Breach Team and how you can properly protect and defend your business from data breaches, please contact Michael S. Taaffe at (941) 364-2770, or