International Comparison of Data Breach Notification Laws

The Berkeley Electronic Press (bepress) has just published an article by Alana Maurushat of the University of New South Wales entitled Data Breach Notification Law Across the World from California to Australia.

The article provides a detailed survey of data breach disclosure requirements in 25 countries:

"Data breach notification and disclosure laws are emerging around the globe. In essence, data breach notification legally requires corporations and organisations to notify individuals when a breach of security leads to the disclosure of personal information (...)"

"The scope of such notification and disclosure schemes varies greatly from country to country. Many jurisdictions such as the United States, the European Union and Australia have tabled Bills or passed Acts legislating mandatory data breach disclosure. Other jurisdictions such as Canada and Japan have instituted voluntary guidelines. In many jurisdictions, data breach notification is currently sector specific (Eg. banking and financial sector or the telecommunications sector). Many of the current proposals, guidelines, and laws take from the experience of the United States, most notably with California which in 2002 passed strict data breach notification laws. Jurisdictions borrowing from the American experience have gained insight into aspects from some of these initial laws. However, some elements from current proposals in Australia, Canada and the EU highlight and ignore problematic aspects of the U.S. legislation."

[Source: Docuticker]