The Growing Pains of Data Breach Notification Law

Autor: Burdon, Mark, Lane, Bill, von Nessen, Paul
Přispěvatelé: Kierkegaard, Sylvia, Kierkegaard, Patrick
Rok vydání: 2011
Předmět:
Zdroj: Law Across Nations : Governance, Policy & Statutes
ISSN: 2381-3652
Popis: Mandatory data breach notification laws are a novel statutory solution in relation to organizational protections of personal information. They require organizations which have suffered a breach of security involving personal information to notif'y those persons whose information may have been affected. These laws originated in the state based legislatures of the United States during the last decade and have subsequently garnered worldwide legislative interest. Despite their perceived utility, mandatory data breach notification laws have several conceptual and practical concems that limit the scope of their applicability, particularly in relation to existing information privacy law regimes. We outline these concerns, and in doing so, we contend that while mandatory data breach notification laws have many useful facets, their utility as an 'add-on' to enhance the failings of current information privacy law frameworks should not necessarily be taken for granted.
Databáze: OpenAIRE