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.

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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.

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ID Code: 38520
Item Type: Conference Paper
Refereed: Yes
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: 15 Nov 2010 23:57
Last Modified: 29 Feb 2012 14:27

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