Australian data breach notification: Avoiding the state/federal overlap

Burdon, Mark, von Nessen, Paul and Lane, Bill (2010). Australian data breach notification: Avoiding the state/federal overlap. In: Sylvia Kierkegaard, Private law: Rights, duties and conflicts. The Fifth International Conference on Legal, Security and Privacy Issues in IT Law (LSPI), the Fourth International Law and Trade Conference (ILTC) and the First International Private Law Conference (IPLC), Barcelona, Spain, (40-56). 3-5 November 2010.

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Name Description MIMEType Size Downloads
Author Burdon, Mark
von Nessen, Paul
Lane, Bill
Title of paper Australian data breach notification: Avoiding the state/federal overlap
Conference name The Fifth International Conference on Legal, Security and Privacy Issues in IT Law (LSPI), the Fourth International Law and Trade Conference (ILTC) and the First International Private Law Conference (IPLC)
Conference location Barcelona, Spain
Conference dates 3-5 November 2010
Proceedings title Private law: Rights, duties and conflicts
Place of Publication Hellerup, Denmark
Publisher International Association of IT Lawyers
Publication Year 2010
Sub-type Fully published paper
Open Access Status
ISBN 9788799138586
8799138581
Editor Sylvia Kierkegaard
Start page 40
End page 56
Total pages 17
Collection year 2011
Language eng
Abstract/Summary 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.
Q-Index Code E1
Q-Index Status Provisional Code
Institutional Status Non-UQ

Document type: Conference Paper
Collections: ERA 2012 Admin Only
TC Beirne School of Law Publications
 
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Created: Fri, 16 Dec 2011, 15:57:08 EST by Carmen Buttery on behalf of T.C. Beirne School of Law