Data Breach Notification Insights

The European Network and Information Security Agency (ENISA) has published a report on "Data Breach Notifications in the EU" to support the introduction of mandatory personal data breach notification following the EU Telecommunications Regulation Reform Package in 2009. That legislation requires the new rules to be transposed into the national laws of the 27 member states by May 2011.

The report will not only be useful to public authorities such as data protection agencies (DPAs), but also for those in the electronic communication sector directly affected by the legislation — communications providers including telecoms companies and internet service providers (ISPs). It will also be of use to any organisation developing policies and processes in the area of internal or external notification, regardless of whether r not there is a legal requirement.

The report is largely based on the results of a survey of 46 organisations conducted using interviews and questionnaires. The organisations primarily included DPAs, telecommunications operators and some other private sector organisations located in Europe. There is a good description of the legislative background including examples of existing local requirements/guidance in Germany, Ireland, Spain and the United Kingdom. In the UK, there is currently no legal duty to notify breaches (see ICO guidelines), but other mandates such as contracts, policies or requirements of trade organisations might dictate otherwise. There is a also a summary of working definitions and criteria for personal data, data subjects and data breaches across Europe, which is not as homogenous as you might hope.

The chapter about the private sector provides a good insight into operators' existing notification practices and incident handling procedures. It also examines the divergent objectives between regulatory authorities and the private sector. Remember that "breaches" are not only incidents relating to data loss. All aspects of privacy legislative contraventions need to be considered.

The ENISA report concludes with a list of aspects requiring further definition to simplify the transition to mandatory notification, and to ensure better harmonisation across the member states. Time may be against all these occurring before May 2011.

Other sectors - keep watching!