December 4, 2017 By Shane Schick 2 min read

A group of U.S. senators recently introduced a bill that proposes up to five years in prison for executives who fail to report a data breach within 30 days.

The Data Security and Breach Notification Act outlined measures organizations would have to take to safeguard Social Security numbers, credit card data and other personally identifiable information (PII). Though the penalties around data breaches are severe, organizations can be exempt if they demonstrate efforts to protect data with encryption.

New Law to Broaden Data Breach Requirements

Given some of the most recent high-profile cybersecurity incidents, the government’s effort to look for a legislative solution comes as no surprise. In fact, as Bleeping Computer noted, a similar bill was introduced during the Obama administration in 2014 following data breaches at major retailers. That bill was never passed into law.

According to Wired, existing laws already penalize actions that could lead to a data breach, but these regulations vary by state. The national scope of the current bill, along with the potentially huge impacts from recent security incidents, might motivate Congress to act this time around.

Playing the Get Out of Jail Free Card

In addition to mandating timely disclosure, the bill also outlined specific forms the disclosure should take. This includes an alert to the Federal Trade Commission (FTC) and a notification to customers via email, letter and a posting on the organization’s website, eWeek reported. Organizations must also provide advice to help those affected by a breach remediate the threat.

While the prospect of jail time may sound onerous to senior business leaders, a close reading of the bill by TechTarget revealed some circumstances in which organizations could have more than a month to disclose a data breach. If business leaders can prove that the organization needed to pinpoint exactly which of its customers’ data might have been lost or stolen, for instance, or that it had made efforts to ward off further attacks, the penalties might not be as severe.

More from

FYSA – Adobe Cold Fusion Path Traversal Vulnerability

2 min read - Summary Adobe has released a security bulletin (APSB24-107) addressing an arbitrary file system read vulnerability in ColdFusion, a web application server. The vulnerability, identified as CVE-2024-53961, can be exploited to read arbitrary files on the system, potentially leading to unauthorized access and data exposure. Threat Topography Threat Type: Arbitrary File System Read Industries Impacted: Technology, Software, and Web Development Geolocation: Global Environment Impact: Web servers running ColdFusion 2021 and 2023 are vulnerable Overview X-Force Incident Command is monitoring the disclosure…

What does resilience in the cyber world look like in 2025 and beyond?

6 min read -  Back in 2021, we ran a series called “A Journey in Organizational Resilience.” These issues of this series remain applicable today and, in many cases, are more important than ever, given the rapid changes of the last few years. But the term "resilience" can be difficult to define, and when we define it, we may limit its scope, missing the big picture.In the age of generative artificial intelligence (gen AI), the prevalence of breach data from infostealers and the near-constant…

Airplane cybersecurity: Past, present, future

4 min read - With most aviation processes now digitized, airlines and the aviation industry as a whole must prioritize cybersecurity. If a cyber criminal launches an attack that affects a system involved in aviation — either an airline’s system or a third-party vendor — the entire process, from safety to passenger comfort, may be impacted.To improve security in the aviation industry, the FAA recently proposed new rules to tighten cybersecurity on airplanes. These rules would “protect the equipment, systems and networks of transport…

Topic updates

Get email updates and stay ahead of the latest threats to the security landscape, thought leadership and research.
Subscribe today