[2]Together, these goals work to minimize consumer harm from data breaches, including impersonation, fraud, and identity theft.
[5] These laws were enacted in response to an escalating number of breaches of consumer databases containing personally identifiable information.
[11] This amended the Privacy Act 1988 (Cth), which had established a notification system for data breaches involving personal information that lead to harm.
Now, entities with existing personal information security obligations under the Australian Privacy Act are required to notify the Office of Australian Information Commissioner (OAIC) and affected individuals of all “eligible data breaches.”[12] The amendment is coming off large data breaches experiences in Australia, such as the Yahoo hack in 2013 involving thousands of government officials and the data breach of NGO Australian Red Cross releasing 550,000 blood donor's personal information.
[13] In mid-2017, China adopted a new Cyber security Law, which included data breach notification requirements.
The use of these data is available only up to the end of the period that the bill can be repaid based on the law of European Union (Article 6 - paragraphs 1-6 [16]).
Also, the service provider must inform the subscriber or user of the types of traffic data which are processed and of the duration of that based on the above assumptions.
Among these include immediately notifying the authorities or computer security incident response teams (CSIRTS) if they experience a significant data breach.
[13] In 2015, Japan amended the Act on the Protection of Personal Information (APPI) to combat massive data leaks.
This includes new penal sanctions on illegal transaction, however, there is no specific provision dealing with data breach notification in the APPI.
Data Breach Notification Laws have been enacted in all 50 states, the District of Columbia, Guam, Puerto Rico and the Virgin Islands.
The National Conference of State Legislatures maintains a list of enacted and proposed security breach notification laws.
[6] Alabama and South Dakota enacted their data breach notification laws in 2018, making them the final states to do so.
Some of the state differences in data breach notification laws include thresholds of harm suffered from data breaches, the need to notify certain law enforcement or consumer credit agencies, broader definitions of personal information, and differences in penalties for non-compliance.
The first proposed federal data breach notification law was introduced to Congress in 2003, but it never exited the Judiciary Committee.
[5] Chlotia Garrison and Clovia Hamilton theorized that a potential reason for the inability to pass a federal law on data breach notifications is states' rights.
In addition, scholars have argued that a state-by-state approach has created the problem of uncompensated victims and inadequate incentives to persuade companies and governments to invest in data security.
[31] In response, data breach notification laws attempt to prevent harm to companies and the public.
These include a plaintiff seeking relief from the loss of an identity theft, emotional distress, future losses, and increased risk of future harm; the majority of litigation are private class actions; the defendants are usually large firms or businesses; a mix of common law and statutory causes of action; and lastly most cases settle or are dismissed.