Feeds

Europe may mandate data breach notification

Dear Sir, you personal data has been made public...

Choosing a cloud hosting partner with confidence

The European Commission has published proposals for a law change that would force telecoms firms to notify regulators and customers of all breaches of their data security.

A similar law in California has resulted in a stream of data breaches being made public.

In a consultation on changes to the EU framework on telecoms regulation, the EC proposes that all providers of "electronic communications networks or services" be forced to notify customers and regulators of any breaches of security that would result in their personal data being made available to others.

The current EU Directive only instructs network providers to notify customers of security risks. It does not cover security breaches.

The current law in the UK follows the Directive closely via the Privacy and Electronic Communications Regulations of 2003.

"Where...there remains a significant risk to the security of the public electronic communications service, the service provider shall inform the subscribers concerned of (a) the nature of that risk; (b) any appropriate measures that the subscriber may take to safeguard against that risk, and (c) the likely costs to the subscriber involved in the taking of such measures," says the Act.

The consultation under which the new proposals are made runs until 27 October. If the Directive is changed as planned it could have serious effects on companies operating the networks covered.

In California and the 33 US states which have since copied its groundbreaking notification laws, reports of security breaches have rocketed in number. Where companies may previously have not informed regulators and customers that a breach had taken place, the news of each breach now reaches vast audiences.

A series of laptop thefts and losses from government and private bodies have exposed the data of millions of people to potential loss and misuse in the US. Some of that information may never have come to light without the notification law.

"A requirement to notify security breaches would create an incentive for providers to invest in security but without micro-managing their security policies," says the working document accompanying the review process.

"The proposed changes would require providers of electronic communications networks and services to notify the [regulator] of any breach of security that led to the loss of personal data and/or to interruptions in the continuity of service supply."

"The regulator would have the possibility to inform the public if they considered that it was in the public interest," said the document. Service providers would also have to "notify their customers of any breach of security leading to the loss, modification or destruction of, or unauthorised access to, personal customer data," it said.

The consultation was published on 28 June. OUT-LAW asked the UK's Office of the Information Commissioner yesterday if it plans to recommend a change to UK law that would apply the Californian model here. A spokesman responded: "We are not advocating any such change."

See: The working document (37 page/193KB PDF)

Copyright © 2006, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

Choosing a cloud hosting partner with confidence

More from The Register

next story
WHY did Sunday Mirror stoop to slurping selfies for smut sting?
Tabloid splashes, MP resigns - but there's a BIG copyright issue here
Spies, avert eyes! Tim Berners-Lee demands a UK digital bill of rights
Lobbies tetchy MPs 'to end indiscriminate online surveillance'
How the FLAC do I tell MP3s from lossless audio?
Can you hear the difference? Can anyone?
Inequality increasing? BOLLOCKS! You heard me: 'Screw the 1%'
There's morality and then there's economics ...
Google hits back at 'Dear Rupert' over search dominance claims
Choc Factory sniffs: 'We're not pirate-lovers - also, you publish The Sun'
EU to accuse Ireland of giving Apple an overly peachy tax deal – report
Probe expected to say single-digit rate was unlawful
While you queued for an iPhone 6, Apple's Cook sold shares worth $35m
Right before the stock took a 3.8% dive amid bent and broken mobe drama
prev story

Whitepapers

A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
Storage capacity and performance optimization at Mizuno USA
Mizuno USA turn to Tegile storage technology to solve both their SAN and backup issues.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Beginner's guide to SSL certificates
De-mystify the technology involved and give you the information you need to make the best decision when considering your online security options.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.