Republican senators want to stop the FCC from updating data-breach notification rules

It has come to our attention that the Federal Communications Commission intends to vote on a Report and Order that would violate Congress’ Resolution of Disapproval vitiating the FCC’s 2016 Broadband Privacy Order. Since the FCC has no authority to ignore Congress’ exercise of the Congressional Review Act (CRA), we urge you to withdraw the draft Report and Order to avoid resurrecting substantially similar parts of the 2016 Broadband Privacy Order that Congress nullified. The FCC’s proposed rules in the Report and Order are clearly “substantially similar” to the nullified 2016 rules. Specifically, the requirements in the Report and Order governing notification to the FCC, law enforcement, and consumers, as well as the recordkeeping requirements with respect to breaches and notifications, are substantially similar to the notification and recordkeeping requirements disapproved by Congress. As lawmakers with oversight responsibility over the FCC, we have repeatedly identified actions taken under your leadership that exceed legal authority. In this case, the FCC is defying clear and specific direction not to issue requirements that are substantially similar to parts of a rule disapproved by Congress. We therefore urge the FCC to rescind the draft Report and Order and remove it from the FCC’s December Open Meeting agenda