European data breach notification laws applying to all online information
service providers could be in force by 2011, according to the European data
protection supervisor Peter Hustinx.
The current data breach notification proposals apply to just ISPs and telcos,
but Hustinx backed calls for the law to apply to all “information service
providers, including banks and medical sites”. He added, “I would welcome this
as fair and in line with reality.”
Speaking to vnunet.com at the RSA Conference Europe show in London, which
kicked off today, Hustinx explained that the proposals are still open to change
as the Council of Ministers and parliament are working on slightly different
texts.
“We will probably have some threshold [for disclosure] but a very low one,
and notification will be to users and authorities,” he said. “There is also
likely to be some variation on the basis of individual member states, which will
be a challenge.”
Hustinx added that if the current proposals are adopted in spring 2009, they
could become law two years after that.
Hustinx also argued that the UK government should consider giving its data
protection watchdog, the Information Commissioner, greater powers in order to
“restore confidence” to public sector handling of data.
“It’s pretty obvious the inspection and sanction powers are rather weak –
compared with some [European counterparts] they are very limited,” he added.
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