Data breach notifications in Europe: new ENISA report issued
In the longer term, the EU data breach notification requirement for the electronic communications sector in the ePrivacy Directive (2002/58/EC) is vital to increase the level of data security in Europe.
The ENISA has reviewed the current situation and, in the report, identified the key concerns of both the telecoms operators and the Data Protection Authorities (DPAs).
Recent high profile incidents of personal data loss in Europe have prompted wide discussion about the level of security applied to personal information shared, processed, stored and transmitted electronically.
The executive director of ENISA, Professor Udo Helmbrecht, commented: “Gaining and maintaining the trust of citizens that their data is secure and protected is an important factor in the future development and take-up of innovative technologies and online services across Europe.”
The introduction of an EU data breach notification requirement for the electronic communication sector in ePrivacy Directive (2002/58/EC) is important to increase data security in Europe and to reassure citizens that their data is protected by e-communications operators.
The Agency has taken stock of the current situation by interviewing the national DPAs and a representative sample of companies. The telecommunications sector recognises that data breach notifications play an important role when it comes to data protection and privacy, yet operators are seeking clarifications at both EU and local level such that they might comply with data breach notification requirements.
In most cases, the expectations of DPAs and operators overlap, but there are some discrepancies.
Key concerns of telecom operators and DPAs
The main concerns raised by telecom operators and DPAs include:
- risk prioritisation: the seriousness of a breach should determine the level of response… breaches should be categorised according to risk levels to avoid ‘notification fatigue’
- communication channels: operators need assurances that notification requirements will not impact on their brands in a negative way
- resources: some regulatory authorities are already occupied with other priorities
- enforcement: DPAs indicated that sanctioning authority enables them to better enforce regulations
- undue delay in reporting: regulators want short deadlines for reporting breaches, but service providers wish to focus their resources on solving the problem
- content of notifications: operators want to make sure the notification content does not impact negatively on customer relations, and regulators want all the necessary information
Guidelines for technical implementation measures and procedures
In 2011, the Agency will develop guidelines for the technical implementation measures and the procedures (as in Article 4 of Directive 2002/58/EC) and analyse the possibility for extending the general obligation of data breach notifications to other sectors (such as the financial sector, health care and small businesses).
This will be discussed at a workshop that ENISA’s organising to take place in Brussels on 24 January (ie next Monday).
Copies of the full report are available online (access the web link provided on the right hand panel of this page)
Data breach notifications in Europe: new ENISA report issued
In the longer term, the EU data breach notification requirement for the electronic communications sector in the ePrivacy Directive (2002/58/EC) […]
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