Martin Tully served on the Drafting Team for The Sedona Conference Commentary on Proposed Model Data Breach Notification Law (the “Commentary”), a publication spearheaded by The Sedona Conference Working Group 11 on Data Security & Privacy Liability (WG11).  The Commentary identifies the two chief problems with current data breach notification statutes: a lack of uniform laws that makes compliance complicated and expensive for organizations and vague breach notification communications that do little to help consumers understand the risks and mitigate potential damage.  In response, the Commentary suggests eight areas where the current iterations of state data breach notification laws can be improved by greater uniformity and clarity and proposes language for each area.

The Commentary is open for public comment through August 3, 2023.  Questions and comments may be sent to  The drafting team will carefully consider all comments received, and determine what edits are appropriate for the final version.

Download the Commentary here.