Contextualizing the Tensions and Weaknesses of Information Privacy and Data Breach Notification Laws

62 Pages Posted: 26 Oct 2010 Last revised: 29 Oct 2010

See all articles by Mark Burdon

Mark Burdon

Queensland University of Technology

Date Written: September 2, 2010

Abstract

Data breach notification laws have detailed numerous failures relating to the protection of personal information that have blighted both corporate and governmental institutions. There are obvious parallels between data breach notification and information privacy law as they both involve the protection of personal information. However, a closer examination of both laws reveals conceptual differences that give rise to vertical tensions between each law and shared horizontal weaknesses within both laws. Tensions emanate from conflicting approaches to the implementation of information privacy law that results in different regimes and the implementation of different types of protections. Shared weaknesses arise from an overt focus on specified types of personal information which results in ‘one size fits all’ legal remedies. The author contends that a greater contextual approach which promotes the importance of social context is required and highlights the effect that contextualization could have on both laws.

Keywords: Data Breach Notification Law, Information Privacy Law, Contextualisation

Suggested Citation

Burdon, Mark, Contextualizing the Tensions and Weaknesses of Information Privacy and Data Breach Notification Laws (September 2, 2010). Santa Clara Computer and High Technology Law Journal, Forthcoming, Available at SSRN: https://ssrn.com/abstract=1688104

Mark Burdon (Contact Author)

Queensland University of Technology ( email )

GPO Box 2434
Brisbane, Queensland 4001
Australia

HOME PAGE: http://https://staff.qut.edu.au/staff/m.burdon

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