Frederik Zuiderveen Borgesius’ Post

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Law Prof among computer scientists, iHub, Radboud University, Nijmegen (NL)

'The GDPR’s Rules on Data Breaches: Analysing Their Rationales and Effects' New paper by Hadi Asghari, Jaap-Henk Hoepman, Noel Bangma & me. Abstract: 'The General Data Protection Regulation (GDPR) requires an organisation that suffers a data breach to notify the competent Data Protection Authority. The organisation must also inform the relevant individuals, when a data breach threatens their rights and freedoms. This paper focuses on the following question: given the goals of the GDPR’s data breach notification obligation, what are its strengths and weaknesses? We identify six goals of, or rationales for, the GDPR`s data breach notification obligation, and we assess the obligation in the light of those goals. We refer to insights from information security and economics, and present them in a reader-friendly way for lawyers. Our main conclusion is that the GDPR’s data breach rules are likely to contribute to the goals. For instance, the data breach notification obligation can nudge organisations towards better security; such an obligation enables regulators to perform their duties; and such an obligation improves transparency and accountability. However, the paper also warns that we should not have unrealistic expectations of the possibilities for people to protect their interests after a data breach notice. Likewise, we should not have high expectations of people switching to other service providers after receiving a data breach notification. Lastly, the paper calls for Data Protection Authorities to publish more information about reported data breaches. Such information can help to analyse security threats.' Open access: https://lnkd.in/d638A69C #security #privacy #dataprotection #gdpr #cybersecurity #databreach #tech #law

The GDPR’s Rules on Data Breaches: Analysing Their Rationales and Effects

journals.ed.ac.uk

As GDPR aim to improve data protection by introducing rules of transparency and appropriate measures of security in tbe balance of proportionality, the lack of DPAs enforcement would call for more civil liability actions under art 82 GDPR along with criminal Liability. Sadly, so far at best data subjects have been notified of a data breach, remaining powerless to protect their data or receiving compensation for breach.

Tetyana (Tanya) Krupiy

Lecturer at Newcastle University | Change maker in discovering and sharing new knowledge

9mo

Congratulations!

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Jos Schaffers

Beleidsadviseur Privacy & big data at Verbond van Verzekeraars

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