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If it's encrypted it's secure! The viability of US state-based encryption exemptions

Burdon, Mark, Low, Rouhshi, & Reid, Jason F. (2010) If it's encrypted it's secure! The viability of US state-based encryption exemptions. In Michael, Katina (Ed.) Proceedings of the 2010 IEEE International Symposium on technology and society : Social Implications of Emerging Technologies, IEEE, University of Wollongong, New South Wales, pp. 96-102.

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Abstract

US state-based data breach notification laws have unveiled serious corporate and government failures regarding the security of personal information. These laws require organisations to notify persons who may be affected by an unauthorized acquisition of their personal information. Safe harbours to notification exist if personal information is encrypted. Three types of safe harbour have been identified in the literature: exemptions, rebuttable presumptions and factors. The underlying assumption of exemptions is that encrypted personal information is secure and therefore unauthorized access does not pose a risk. However, the viability of this assumption is questionable when examined against data breaches involving encrypted information and the demanding practical requirements of effective encryption management. Recent recommendations by the Australian Law Reform Commission (ALRC) would amend the Privacy Act 1988 (Cth) to implement a data breach scheme that includes a different type of safe harbour, factor based analysis. The authors examine the potential capability of the ALRC’s proposed encryption safe harbour in relation to the US experience at the state legislature level.

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ID Code: 32781
Item Type: Conference Paper
Keywords: Data breach, Encryption, Data breach notification laws, Encryption exemption, Encryption safe harbours
ISBN: 9781424477760 ; 9781424477753 [CDROM]
Subjects: Australian and New Zealand Standard Research Classification > INFORMATION AND COMPUTING SCIENCES (080000) > OTHER INFORMATION AND COMPUTING SCIENCES (089900) > Information and Computing Sciences not elsewhere classified (089999)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > OTHER LAW AND LEGAL STUDIES (189900) > Law and Legal Studies not elsewhere classified (189999)
Divisions: Current > QUT Faculties and Divisions > QUT Business School
Current > QUT Faculties and Divisions > Faculty of Law
Past > QUT Faculties & Divisions > Faculty of Science and Technology
Past > Institutes > Information Security Institute
Current > Schools > School of Law
Current > Schools > School of Accountancy
Copyright Owner: Copyright 2010 IEEE/theAuthors
Copyright Statement: Copyright c2010 ISTAS Program Committee Personal use of this material is permitted. However, permission to reprint/republish this material for advertising or promotional purposes or for creating new collective works for resale or redistribution to servers or lists, or to reuse any copyrighted component of this work in other works must be obtained from the Publisher.
Deposited On: 21 Jun 2010 08:52
Last Modified: 01 Mar 2012 00:20

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