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Contextualizing the tensions and weaknesses of information privacy and data breach notification laws

Burdon, Mark (2010) Contextualizing the tensions and weaknesses of information privacy and data breach notification laws. Santa Clara Computer and High Technology Law Journal, 27(1), pp. 63-129.

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Abstract

Data breach notification laws have detailed numerous failures relating to the protection of personal information that have blighted both corporate and governmental institutions. There are obvious parallels between data breach notification and information privacy law as they both involve the protection of personal information. However, a closer examination of both laws reveals conceptual differences that give rise to vertical tensions between each law and shared horizontal weaknesses within both laws. Tensions emanate from conflicting approaches to the implementation of information privacy law that results in different regimes and the implementation of different types of protections. Shared weaknesses arise from an overt focus on specified types of personal information which results in ‘one size fits all’ legal remedies. The author contends that a greater contextual approach which promotes the importance of social context is required and highlights the effect that contextualization could have on both laws.

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ID Code: 38519
Item Type: Journal Article
Keywords: Contexualisation, Data breach notification law, Information privacy law
ISSN: 0882-3383
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law not elsewhere classified (180199)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Past > Institutes > Information Security Institute
Copyright Owner: Copyright 2010 Santa Clara University & The Authors
Deposited On: 16 Nov 2010 09:42
Last Modified: 23 Oct 2013 14:15

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