Data breach notification law in the EU and Australia : where to now?
Burdon, Mark, Lane, Bill, & von Nessen, Paul (2012) Data breach notification law in the EU and Australia : where to now? Computer Law and Security Review, 28(3), pp. 296-307.
Mandatory data breach notification laws have been a significant legislative reform in response to unauthorized disclosures of personal information by public and private sector organizations. These laws originated in the state-based legislatures of the United States during the last decade and have subsequently garnered worldwide legislative interest. We contend that there are conceptual and practical concerns regarding mandatory data breach notification laws which limit the scope of their applicability, particularly in relation to existing information privacy law regimes. We outline these concerns here, in the light of recent European Union and Australian legal developments in this area.
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|Item Type:||Journal Article|
|Keywords:||Data breach notification, Information privacy, ePrivacy Directive, Article 29 Working Group|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
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
Current > Schools > School of Law
|Copyright Owner:||Copyright 2012 Elsevier|
|Copyright Statement:||This is the author’s version of a work that was accepted for publication in <Computer Law and Security Review>. Changes resulting from the publishing process, such as peer review, editing, corrections, structural formatting, and other quality control mechanisms may not be reflected in this document. Changes may have been made to this work since it was submitted for publication. A definitive version was subsequently published in Computer Law and Security Review, [VOL 28, ISSUE 3, (2012)] DOI: 10.1016/j.clsr.2012.03.007|
|Deposited On:||07 Jun 2012 23:13|
|Last Modified:||07 Jun 2012 23:18|
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