Group Seeks 5th Circuit Review of New FCC Data Breach Rules

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The Texas Association of Business (TAB) has petitioned the 5th U.S. Circuit of Appeals Court for review of the FCC’s recently updated data breach notification rules.  The new rules will, among other things: (1) require carriers and TRS providers to notify the FCC of any breach through the existing central reporting facility; and (2) eliminate the mandatory waiting period for carriers and TRS providers to notify customers and instead require such carriers and TRS providers to notify customers of covered data breaches without unreasonable delay.

TAB argued that the new rules exceed the FCC’s statutory authority and are an abuse of discretion within the meaning of the Administrative Procedure Act.  The TAB requested that the Court hold unlawful, vacate, enjoin, and set aside the new rules as appropriate.  This petition follows a similar petition submitted by the Ohio Telecom Association that was recently filed in the 6th U.S. Circuit Appeals Court stating similar reasons for petitioning against the FCC’s data breach notification rules.

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