SEC Commissioner Hester Peirce Raises Concerns Over Cyber Disclosure Rules

As public companies work to align with the SEC's new cybersecurity disclosure requirements, Commissioner Hester Peirce is urging a reassessment of how these rules are applied—particularly during active cyber incidents.

In a recent interview with The Wall Street Journal, Peirce, alluding to the Form 8-K item 1.05 requirements, questioned the practicality of the four-business-day disclosure mandate. Her concern? That companies may be required to publicly disclose details about cybersecurity breaches before they've fully assessed the situation—or worse, while the attack is still unfolding. In her view, this could potentially aid attackers or compromise ongoing incident response efforts.