QUT ePrints

Australian data breach notification : avoiding the State/Federal overlap

Burdon, Mark, von Nessen, Paul , Reid, Jason F., & Lane, William B. (2010) Australian data breach notification : avoiding the State/Federal overlap. In Proceedings of 5th International Conference on Legal, Security and Privacy Issues in IT Law, Universitat Pompeu Fabra, Barcelona.

View at publisher

Abstract

Mandatory data breach notification has become a matter of increasing concern for law reformers. In Australia, this issue was recently addressed as part of a comprehensive review of privacy law conducted by the Australian Law Reform Commission (ALRC) which recommended a uniform national regime for protecting personal information applicable to both the public and private sectors. As in all federal systems, the distribution of powers between central and state governments poses problems for national consistency. In the authors’ view, a uniform approach to mandatory data breach notification has greater merit than a ‘jurisdiction specific’ approach epitomized by US state-based laws. The US response has given rise to unnecessary overlaps and inefficiencies as demonstrated by a review of different notification triggers and encryption safe harbors. Reviewing the US response, the authors conclude that a uniform approach to data breach notification is inherently more efficient.

Impact and interest:

Citation countsare sourced monthly from Scopus and Web of Science® citation databases.

These databases contain citations from different subsets of available publications and different time periods and thus the citation count from each is usually different. Some works are not in either database and no count is displayed. Scopus includes citations from articles published in 1996 onwards, and Web of Science® generally from 1980 onwards.

Citations counts from the Google Scholar™ indexing service can be viewed at the linked Google Scholar™ search.

Full-text downloads:

114 since deposited on 15 Nov 2010
18 in the past twelve months

Full-text downloadsdisplays the total number of times this work’s files (e.g., a PDF) have been downloaded from QUT ePrints as well as the number of downloads in the previous 365 days. The count includes downloads for all files if a work has more than one.

ID Code: 38520
Item Type: Conference Paper
Keywords: Data breach notification law, Privacy law, Privacy Act 1988 (Cth), Federalism
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 [please consult the authors]
Deposited On: 16 Nov 2010 09:57
Last Modified: 01 Mar 2012 00:27

Export: EndNote | Dublin Core | BibTeX

Repository Staff Only: item control page