Data Breach Reporting Requirements

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Federal Communications Commission 47 CFR Part 64 [WC Docket No. 22-21; FCC 22-102; FR 122866] AGENCY: Federal Communications Commission. ACTION: Proposed rule. SUMMARY: In this document, the Federal Communications Commission (Commission) begins the process to update and strengthen its data breach rule to provide greater protections to the public. We propose to expand the Commission's definition of “breach” to include inadvertent disclosures of customer information and seek comment on adopting a harm-based trigger for breach notifications. We also propose to require carriers to notify the Commission, in addition to the Secret Service and FBI, as soon as practicable after discovery of a breach. We also propose to eliminate the mandatory waiting period before notifying customers and instead require carriers to notify customers of CPNI breaches without unreasonable delay after discovery of a breach unless requested by law enforcement. We also propose to make changes to our TRS data breach reporting rule consistent with those we propose to our CPNI breach reporting rule. DATES: Comments are due on or before February 22, 2023, and reply comments are due on or before March 24, 2023. Written comments on the Paperwork Reduction Act proposed information collection requirements must be submitted by the public, Office of Management and Budget (OMB), and other interested parties on or before March 24, 2023. ADDRESSES: You may submit comments, identified by WC Docket No. 22-21,…