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Federal agencies consider requiring reporting of computer security incidents

By Philip N. Yannella, Kim Phan & Sarah B. Dannecker on December 22, 2020
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On December 18, 2020, the Office of the Comptroller of the Current (OCC), Federal Reserve Board (FRB), and Federal Deposit Insurance Corporation (FDIC) announced an interagency notice of proposed rulemaking that would require supervised banking organizations to provide notification of significant computer security incidents to their primary federal regulator.  Under the proposed rule, for incidents that could result in a banking organization’s inability to deliver services to a material portion of its customer base, jeopardize the viability of key operations of a banking organization, or impact the stability of the financial sector, the banking organization must notify its primary federal regulator no later than 36 hours after determining an incident has occurred.  Additionally, service providers to banking organizations would be required to notify at least two individuals at affected banking organization customers immediately after the bank service provider experiences a computer-security incident that it believes in good faith could disrupt, degrade, or impair services provided for four or more hours.

By requiring notice of these computer security incidents, the proposed rule broadens the type of reportable events that banking organizations and their service providers are required to report to federal agencies.  The agencies stated that, “current reporting requirements related to cyber incidents are neither designed nor intended to provide timely information to regulators regarding such incidents.”  Specifically, the agencies noted that the filing of Suspicious Activity Reports under the Bank Secrecy Act do not provide the agencies with sufficiently timely information about every notification incident, and notices under the Gramm-Leach-Bliley Act focus on incidents that result in the compromise of sensitive customer information and do not include the reporting of incidents that disrupt operations.

Comments on the proposal must be received within 90 days of publication in the Federal Register.

Philip N. Yannella

yannellap@ballardspahr.com | 215.864.8180 | view full bio

As Practice Leader of Ballard Spahr’s Privacy and Data Security Group, and Practice Leader of the firm’s E-Discovery and Data Management Group, Philip N. Yannella provides clients with 360-degree advice on the transfer, storage, and use…

yannellap@ballardspahr.com | 215.864.8180 | view full bio

As Practice Leader of Ballard Spahr’s Privacy and Data Security Group, and Practice Leader of the firm’s E-Discovery and Data Management Group, Philip N. Yannella provides clients with 360-degree advice on the transfer, storage, and use of digital information.

Phil regularly advises clients on the Stored Communications Act (SCA), Computer Fraud and Abuse Act (CFAA), EU-US Privacy Shield, General Data Protection Regulation (GDPR), Defense of Trade Secrets Act, PCI-DSS, Telephone Consumer Protection Act (TCPA), New York Department of Financial Services Cybersecurity Regulations, ISO 27001 compliance, HIPAA Security Rules, and FTC enforcement activity, as well as eDiscovery issues—leveraging his experience serving as National Discovery Counsel for more than two dozen companies in nationwide litigation. He harnesses his deep knowledge of privacy, data security, and information governance laws to help multinational companies develop global information governance programs to comply with overlapping, and sometimes conflicting, laws. Phil serves on the advisory board for the ACC Foundation’s Cybersecurity Survey, the largest survey of in-house counsel on cybersecurity issues.

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  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Consumer Finance Monitor
  • Organization:
    Ballard Spahr LLP
  • Article: View Original Source

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