Breach Notification

In dealing with breaches of privacy the Commission’s enthusiasm to protect and reassure Internet users seems to run the risk of having the opposite effect. Article 4(9) of the proposed Regulation defines 'personal data breach' means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;

The Privacy and Electronic Communications (EC Directive)(Amendment) Regulations 2011 have now been published, amending the previous Privacy and Electronic Communications (EC Directive) Regulations 2003 as required by the new EC Telecommunications Directives.

As discussed here previously, the revision of the European Telecommunications Directives in late 2009 introduced a requirement for telecoms providers to report breaches affecting personal data to their national regulators. Although the revised European Directive has not yet been transposed into national laws, ENISA has been surveying both regulators and telcos on their practice and plans.

Earlier this year the European Community revised its regulatory framework for telecommunications networks, so the UK Government is now consulting on how to implement those changes in UK law. Although most of the changes are not relevant to JANET as a private network, I have responded in three areas: