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Digital Agenda: Commission consults on practical rules for notifying personal data breaches

Brussels – The views of telecoms operators, Internet service providers, Member States, national data protection authorities consumer organisations and other interested parties are being sought by the European Commission on whether additional practical rules are needed to make sure that personal data breaches are notified in a consistent way across the EU. The revised ePrivacy Directive (2009/136/EC), which entered into force on 25 May 2011 as part of a package of new EU telecoms rules, requires operators and Internet service providers to inform, without undue delay, national authorities and their customers about breaches of personal data that they hold (see IP/11/622 and MEMO/11/320). The Commission wants to gather input based on existing practice and initial experience with the new telecoms rules and may then propose additional practical rules to make clear when breaches should be reported, the procedures for doing so, and the formats that should be used. Contributions to the consultation are welcome until 9th September 2011. Read more…

EU ready to fight Microsoft on access to cloud data

European Parliament members are up in arms after a recent admission by Microsoft that they may be required by the Patriot Act to secretly give U.S. authorities access to European data stored in Microsoft’s cloud.  The controversy stems from the EU’s Data Protection Directive, which dictates that companies must notify users if/when their data is handed over to another party.  If Microsoft is forced to follow Patriot Act guidelines, then that would mean the U.S. law would trump European law.  Some parliamentarians have taken up the cause to prevent that from happening. Read more…

Data Breaches Bring Back Failed Legislation From the Dead

Sen. Leahy and Rep. Bono Mack are pushing separate bills that would punish slow disclosure of data breaches. Versions of both bills failed earlier.

By John Adams

Public fallout from the data breaches that have affected Citigroup and other large enterprises in and out of finance in recent weeks has reached the political push back stage, with both Sen. Patrick Leahy (D-Vt.) and Rep. Mary Bono Mack (R-Calif.) hoping the events will breathe new life into data protection legislation that’s failed in the past. Read more…

What will new EU data breach rules mean for business?

Posted by Cath Everett

What can businesses expect from the European Commission’s much tougher data breach rules?

It has been announced that the European Union is planning to make it mandatory for all businesses in the region to notify customers should the security of their personal information be breached.
As part of plans to update EU data protection legislation that was first introduced in 1995, European Union justice commissioner Viviane Reding said that she was also considering whether to include an “accountability principle” to protect the privacy of cloud computing users as well as a “right to be forgotten”. Reding told the British Bankers’ Association’s Data Protection and Privacy Conference in London on Monday that the aim in streamlining existing data breach rules across different member states was to simplify the current regulatory environment and reduce the admin burden on companies. Read more…
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