There is no federal security breach notification law. Consider whether one is needed. Provide your recommendation as well as your analysis of the benefits and drawbacks of such a federal law. Be sure to address the issue of preemption.
Security breach law are laws that are inacted with soul purpose to safeguard privacy of an individual, in age of digitisation when all big industry are fueling themselves on individual information data security is prime concern not only from point of view of Thier inhernt value but also security perspective . Such a scenario is acknowledged all over world and every growing nation is taking step to enact data protection legislation. Since, we do not have such legislation we can take from best practices all around world as for example European Union data protection regulations, where personal data protection is kept at center of legislation and breaches are heavily penalised. Federal law of such stature in USA would bring sense of security among citizen and create clarity in outside world about its stance at data protection.
As the whole market of data runs between principles and fiduciaries, regulation of such a big market by federal government is more of a necessity.
Benefits of such federal law.
1. Ensure uniformity of law among citizens of different states.
2. Will boost trade and commerce as various companies can align there data collection policy according to one law rather than state wise.
3. Will create sense of clarity among citizens about legislation and it's importance.
4. Federal government's regulatory control is much more effective as government machinery bestowed with larger resources.
5.Will minimise compliance mechanism which will lead to efficiency.
Drawbacks.
1. There are states with much stronger data breach law requirement pertaining their incidences whereas their are states which are not facing incidences with such frequency, federal will face challenge in striking a right balance.
2.Gravience redressal mechanism might get slow.
Issue of preemption will be major issue regarding security data breach notification law as all state law will be null and void in matter of subject dealt by federal law in such a scenario to avoid all conflict s of interest it is necessary to talk to all stake holders before enacting law and draft of bill should be widely discussed and debated.
There is no federal security breach notification law. Consider whether one is needed. Provide your recommendation...
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