The Growing Pains of Data Breach Notification Law

Burdon, Mark, Lane, Bill, & von Nessen, Paul (2011) The Growing Pains of Data Breach Notification Law. In Kierkegaard, Sylvia & Kierkegaard, Patrick (Eds.) Law Across Nations : Governance, Policy & Statutes. International Association of IT Lawyers, pp. 83-96.

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Mandatory data breach notification laws are a novel statutory solution in relation to organizational protections of personal information. They require organizations which have suffered a breach of security involving personal information to notif'y those persons whose information may have been affected. These laws originated in the state based legislatures of the United States during the last decade and have subsequently garnered worldwide legislative interest. Despite their perceived utility, mandatory data breach notification laws have several conceptual and practical concems that limit the scope of their applicability, particularly in relation to existing information privacy law regimes. We outline these concerns, and in doing so, we contend that while mandatory data breach notification laws have many useful facets, their utility as an 'add-on' to enhance the failings of current information privacy law frameworks should not necessarily be taken for granted.

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ID Code: 55576
Item Type: Book Chapter
Keywords: data breach notification law, personal information, information privacy, privacy law
ISBN: 9788799138593
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Administrative Law (180103)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2011 International Association of IT Lawyers
Deposited On: 13 Dec 2012 22:29
Last Modified: 24 Jul 2013 05:33

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