The Experts below are selected from a list of 372 Experts worldwide ranked by ideXlab platform
Von Nessen Paul - One of the best experts on this subject based on the ideXlab platform.
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Data Breach Notification Law in the EU and Australia : where\ud to now?
Elsevier, 2012Co-Authors: Burdon Mark, Lane Bill, Von Nessen PaulAbstract: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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Data Breach Notification Law in the EU and Australia - Where to now?
'Elsevier BV', 2012Co-Authors: Burdon Mark, Lane Bill, Von Nessen PaulAbstract: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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The Growing Pains of Data Breach Notification Law
International Association of IT Lawyers, 2011Co-Authors: Burdon Mark, Lane Bill, Von Nessen PaulAbstract: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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Notification of data Breaches under the continuous disclosure regime
Butterworths, 2010Co-Authors: Low Rouhshi, Burdon Mark, Von Nessen PaulAbstract:Consumer personal information is now a valuable commodity for most corporations. Concomitant with increased value is the expansion of new legal obligations to protect personal information. Mandatory data Breach Notification Laws are an important new development in this regard. Such Laws require a corporation that has suffered a data Breach, which involves personal information, such as a computer hacking incident, to notify those persons who may have been affected by the Breach. Regulators may also need to be notified. Australia currently does not have a mandatory data Breach Notification Law but this may be about to change. The Australian Law Reform Commission has suggested that a data Breach Notification scheme be implemented through the Privacy Act 1988 (Cth). However, the Notification of data Breaches may already be required under the continuous disclosure regime stipulated by the Corporations Act 2001 (Cth) and the Australian Stock Exchange (ASX) Listing Rules. Accordingly, this article examines whether the Notification of data Breaches is a statutory requirement of the existing continuous disclosure regime and whether the ASX should therefore be notified of such incidents
Burdon Mark - One of the best experts on this subject based on the ideXlab platform.
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Data Breach Notification Law in the EU and Australia : where\ud to now?
Elsevier, 2012Co-Authors: Burdon Mark, Lane Bill, Von Nessen PaulAbstract: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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Data Breach Notification Law in the EU and Australia - Where to now?
'Elsevier BV', 2012Co-Authors: Burdon Mark, Lane Bill, Von Nessen PaulAbstract: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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The Growing Pains of Data Breach Notification Law
International Association of IT Lawyers, 2011Co-Authors: Burdon Mark, Lane Bill, Von Nessen PaulAbstract: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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Notification of data Breaches under the continuous disclosure regime
Butterworths, 2010Co-Authors: Low Rouhshi, Burdon Mark, Von Nessen PaulAbstract:Consumer personal information is now a valuable commodity for most corporations. Concomitant with increased value is the expansion of new legal obligations to protect personal information. Mandatory data Breach Notification Laws are an important new development in this regard. Such Laws require a corporation that has suffered a data Breach, which involves personal information, such as a computer hacking incident, to notify those persons who may have been affected by the Breach. Regulators may also need to be notified. Australia currently does not have a mandatory data Breach Notification Law but this may be about to change. The Australian Law Reform Commission has suggested that a data Breach Notification scheme be implemented through the Privacy Act 1988 (Cth). However, the Notification of data Breaches may already be required under the continuous disclosure regime stipulated by the Corporations Act 2001 (Cth) and the Australian Stock Exchange (ASX) Listing Rules. Accordingly, this article examines whether the Notification of data Breaches is a statutory requirement of the existing continuous disclosure regime and whether the ASX should therefore be notified of such incidents
Lane Bill - One of the best experts on this subject based on the ideXlab platform.
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Data Breach Notification Law in the EU and Australia : where\ud to now?
Elsevier, 2012Co-Authors: Burdon Mark, Lane Bill, Von Nessen PaulAbstract: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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Data Breach Notification Law in the EU and Australia - Where to now?
'Elsevier BV', 2012Co-Authors: Burdon Mark, Lane Bill, Von Nessen PaulAbstract: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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The Growing Pains of Data Breach Notification Law
International Association of IT Lawyers, 2011Co-Authors: Burdon Mark, Lane Bill, Von Nessen PaulAbstract: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
Xia Hui - One of the best experts on this subject based on the ideXlab platform.
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Analysis of Security Breach Notification Law in the United States
OPUS Open Portal to University Scholarship, 2016Co-Authors: Green David, Xia HuiAbstract:Security Breach Notification Laws or data Breach Notification Laws are Laws that require an entity that has been subject to a data Breach to notify their customers and other parties about the Breach, and take other steps to remediate injuries caused by the Breach. These Laws were enacted in response to an escalating number of Breaches of consumer databases containing personally identifiable information. In this research, we will study security Breach Notification Law state by state and discuss how privacy Law play the role as the strategies for analysis of big data
Winn, Jane K. - One of the best experts on this subject based on the ideXlab platform.
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Are Better Security Breach Notification Laws Possible?
UW Law Digital Commons, 2009Co-Authors: Winn, Jane K.Abstract:This Article will evaluate the provisions of California\u27s pioneering security Breach Notification Law (SBNL) in light of better regulation or smart regulation criteria in order to highlight the costs of taking a narrowly focused, piecemeal approach and the benefits of taking a more comprehensive perspective to the problems of identity theft and information security. Just as the basic structure of SBNLs was borrowed from environmental Law, this Article will borrow from decades of analysis of the impact of environmental regulation to evaluate the likely impact of SBNLs. Just as environmental Laws can be used to reduce externalities created through the mismanagement of common pool resources found in the natural environment, information security Laws can be used to reduce externalities created through the mismanagement of common pool resources found in the virtual environment. If the analogy to environmental Law is well drawn and the problem of identity theft is recognized as only a symptom of larger underlying systemic problems—including inadequate information system security— then a narrow, piecemeal regulatory strategy will be no substitute for an integrated, multi-faceted regulatory strategy. To provide a framework within which the provisions of SBNLs can be analyzed, Part II of this Article provides a general overview of academic and political better regulation initiatives undertaken in recent decades. While the Clinton Administration\u27s emphasis on reinventing government was displaced by the Bush Administration\u27s emphasis on deregulation in the United States, outside the United States interest in smart regulation strategies continued to grow during the 2000s and are likely to enjoy a new vogue under the Obama Administration. In Part III, California\u27s pioneering SBNL is analyzed in light of better regulation principles, which spotlights some obvious shortcomings of the legislation. The business, technological, and regulatory challenges posed by any effort to reduce the volume of security Breaches are analyzed in Part IV. Given the enormity of those challenges, it should come as no surprise that a regulatory scheme as limited in scope as SBNLs is having only a modest impact on the information security policies of database owners. Because information security problems are complex and multi-faceted, they may defy any attempt to resolve them with simple solutions. If achieving a significant reduction in the volume of data Breaches is taken seriously as a policy goal, then there may be no alternative but to face the challenges of developing and enacting not just better SBNLs, but a better general information security regime