13 December 2006

Eversheds

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Security Breaches

We have written extensively this year about security breach issues on e80.

A survey in the US confirms that this is one of the overriding themes of 2006 with around 49 million US citizens having been notified of data breaches since their legislation took hold. The ACCA Docket article earlier this year (http://tinyurl.com/y2887u) summarised this legislation. With the ongoing debate about specific security breach legislation in Europe to strengthen existing data protection legislation the figures make interesting reading.

The survey by Harris Interactive found that around 19 percent (around 9.3 million people) thought they had suffered loss through a security breach. Of the reports made 29 per cent were notified by a financial services company. 78 percent of those who had suffered harm said that either goods were bought in their name, or that they were the victims of some other type of identity fraud which led to financial loss.

It is clear that with many security breaches being global in their nature it is wrong to concentrate only on the law of the country where breach occurs or on the home law of the company whose security has been breached. Our experience shows that a co-ordinated cross-border approach is essential. Last year saw a number of major security breaches reported over the Christmas period. Businesses handling personal data would be wise to make sure that they have procedures in place to deal with any breach over the holiday season.

There is more information on this topic here http://tinyurl.com/y2887u and details of the survey here http://tinyurl.com/y6378v

Jonathan Armstrong

Eversheds LLP
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