Aug 282015
 August 28, 2015  Posted by  Non-U.S.

From the where-have-I-heard-this-all-before dept.:

The Information Commissioner’s Office (ICO) said it welcomed proposals outlined by the national governments that make up the EU which would restrict the cases where organisations would be required to notify data protection authorities and consumers of data breaches under the General Data Protection Regulation that EU law makers are currently negotiating.

Under the Council of Ministers’ proposals, organisations would be required to notify data protection authorities of personal data breaches they experience where the breach is “likely to result in a high risk for the rights and freedoms of individuals”, such as where there is a risk of identify theft or financial loss. Notification would have to be made “without undue delay and, where feasible, not later than 72 hours” after organisations become aware of the breach.

“We are concerned about the possibility of receiving a large number of notifications of trivial or inconsequential data breaches,” the ICO said in its paper (9-page /196KB PDF). “Therefore the reference to ‘high-risk’ breaches, and the illustrations of this, is welcome.”


And who does the risk assessment? The entity that doesn’t want to have to disclose a breach? And where does social stigma factor in to “freedoms of individuals?”

These risk-based approaches that tend to focus on financial issues miss too much.

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