The Sony PlayStation Network Hacking Case (An Analysis of the UK ICO’s Resolution)

Sony Playstation. Photo by Armando Becerra (2013)

On January 14, 2013, the UK Information Commissioner’s Office imposed Sony PlayStation Network a monetary penalty of GBP 250,000 for its serious breach of the UK Data Protection Act – a penalty Sony eventually decided not to appeal in July. The penalty comes after the company was hacked in April 2011, compromising the personal information of millions of its customers. In this article, I highlight why the ICO made a brilliant move and interpretation of the Act.

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Full Speed Ahead: Business-Minded I.T. Security Risk Management

"Wincup V8 Vodafone Holden Smashed.. Taken on December 4, 2010. (c) 2010 All rights reserved. Courtesy of Dhatt Creative.

Recent massive data breaches lead us to discuss the movement for new thinking, new strategies and new leadership amongst IT security. In the new paradigm, flat-out prevention is no longer the goal. Companies need to pursue nuanced risk-management decisions that protect yet allow them to do business.

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ENISA Surveys Stakeholders of Upcoming EU Data Breach Notification Regime

"Grillage gelé" (Photo by "Photophilius"; shot on Dec. 13, 2008). Available at http://www.flickr.com/photos/30254220@N04/3116313871/ (Creative Commons "Attribution-NonCommercial-ShareAlike 2.0 Generic (CC BY-NC-SA 2.0)" license.)

The European Network and Information Security Agency has recently published a report on data breach notifications in the European Union. ENISA surveyed data protection authorities, telecommunications regulatory authorities and telecom operators from different countries in the EU, but also from other non-EU countries such as the United States.
Using the various stakeholders’ responses, the report helps understand the practices and challenges of the future mandatory data breach notification regime, and aims to assist public authorities and private organizations in the EU as they implement data breach notification policies by providing a set of recommendations.
(Résumé aussi disponible en français)

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Will France adopt a law requiring the notification of security breaches?

A French bill “to better guarantee the right to privacy in the digital age” has implemented the European Directive 2009/136/EC by requiring the data controller to inform the “Data Protection Correspondent” (a person within an organization who could be the controller or someone assisting the controller), or in the absence thereof, the French data protection authority (the Commission Nationale de l’Informatique et des Libertés), of a breach of integrity or confidentiality. Those involved in the breach must also be informed, at least if security breaches are “likely to adversely affect” their personal data. The bill follows the recommendation of the Directive to notify individuals of security breaches for all sectors, not just electronic communications. It was adopted by the French Senate on March 24, 2010 and is currently before the National Assembly.
(A French version of this article is also available in this blog.)

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