TechFreedom Supports Rehearing of 6th Circuit Data Decision
TechFreedom highlighted its support of the 6th U.S. Circuit Court of Appeals reviewing en banc an August decision that upheld the FCC’s most recent data breach notification rules (see 2510070007). In doing so, the court panel rejected arguments that the revised rules violated a Congressional Review Act action in 2017 that overturned similar requirements in other privacy rules.
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“The panel’s interpretation of the CRA allows agencies to resurrect disapproved rules in piecemeal form,” said Andy Jung, TechFreedom's associate counsel. “Now, agencies can easily circumvent congressional disapproval by subdividing disapproved rules and issuing the subparts in separate orders: they can slice and dice rejected rules in any number of ways, and the panel would hold that the new rules are not ‘substantially the same.’”