WASHINGTON – Last Friday, NACS and a group including eight other trade associations sent a letter to every U.S. Senator articulating the priorities of the associations in the context of data breach or data security legislation. The Senate has indicated that it might consider cybersecurity information-sharing legislation on the floor this coming week and if so, that may become an opportunity for Senators to try to amend the legislation with provisions relating to data breach and data security. 

NACS and most of the groups sending the letter have been supportive of the approach to data breach/security issues taken in draft legislation circulated earlier in the year by Senator Mark Warner (D-VA). Senator Warner has been working with a number of other Senators to build consensus around his approach. The letter sent by NACS and its fellow trade associations is intended to assist those efforts – and, if necessary, resist bad legislation that others might try to attach to the cybersecurity bill.

It remains unclear whether the Senate will have time to consider cybersecurity legislation before it leaves later this week for its August recess. And, even if it does so, it is not clear whether Senate leaders will be willing to allow an amendment on data breach/security. Whether this comes up this week or not, however, these issues are of sufficient interest to enough Senators that it is likely to be considered at some point this year.