Tag:Europe

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European Court of Justice Declares EU/US Safe Harbour Decision Invalid
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Breaches Update – July 2015
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Breaches Update – June 2015
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European Union Cybersecurity Dashboard Report
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UK Government Issues Cybersecurity Insurance Report
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Reports and Surveys Updates
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European Union – General Data Protection Regulation (GDPR)

European Court of Justice Declares EU/US Safe Harbour Decision Invalid

By Cameron Abbott and Melanie Long

The European Court of Justice has declared a decision by the European Commission on the legitimacy of the EU/US safe harbour scheme (safe harbour decision), invalid. In the wake of the Snowden scandal, Austrian citizen, Maximilian Schrems, lodged a complaint against Facebook with the Data Protection Commissioner in Ireland (the location of Facebook’s European headquarters). The Irish supervisory authority rejected Mr Schrems’ complaint on the basis of the safe harbour decision. In invalidating the safe harbour decision, the European Court of Justice declared that “legislation permitting the public authorities to have access on a generalised basis to the content of electronic communications must be regarded as compromising the essence of the fundamental right to respect for private life.” Further, that the safe harbour scheme, by not providing for an individual to pursue legal remedies in order to have access to personal data relating to them, or to obtain the rectification or erasure of such data, compromised, “the essence of the fundamental right to effective judicial protection, the existence of such a possibility being inherent in the existence of the rule of law.”

The consequence of this decision is that the EU/US safe harbour scheme is contrary to the Data Protection Directive, which provides that the transfer of personal data to a third country may, in principle, take place only if that third country ensures an adequate level of protection of the data.

The European Court of Justice’s press release can be found here.

To read the full judgment of the European Court of Justice click here.

Breaches Update – July 2015

by Jim Bulling and Julia Baldi

U.S. Office of Personal Management (OPM)
The U.S. government has confirmed a second cyber attack on the OPM database. Hackers are confirmed to have stolen the personal information in relation to former, current and prospective federal government employees effecting at least 21.5-mllion people (almost 7% of the entire U.S. population).

See the ABC report here, CNN report here and Guardian report here.

OPM’s website, sets out how person’s may have been affected by the breach and what OPM is doing to assist those affected. OPM has sent notifications to those affected by the incident and is offering free identity theft monitoring and restoration services including identity theft insurance and credit monitoring.

OPM has also outlined a cybersecurity action report, available here.

Read More

Breaches Update – June 2015

by Jim Bulling and Julia Baldi

U.S. Office of Personal Management Breach
The U.S.Government’s Office of Personal Management announced that its database has been subject to a cybersecurity breach. Hackers stole data relating to federal government employees dating back three decades and may effect more than four million people.

See the ABC report here and Forbes report here.

The OPM is offering affected individuals credit monitoring services and identity theft insurance. See the OPM announcement here.

Read More

European Union Cybersecurity Dashboard Report

by Jim Bulling and Julia Baldi

The Business Software Alliance, European Union cybersecurity dashboard: A path to a Secure European Cyberspace published by the BSA. The report aims to allow government officials in each of the EU Member States with an opportunity to evaluate their country’s policies against these metrics, as well as their European neighbours. The report is an interesting read for Australian companies holding, or considering holding, data in Europe.

See the report here.

UK Government Issues Cybersecurity Insurance Report

by Jim Bulling and Julia Baldi

The UK government has issued a report on cybersecurity insurance which details new joint initiatives between government and the insurance sector to help firms get to grips with cyber risk. The report encourages businesses and financial institutions to review their risk management processes and seek to obtain ‘Cyber Essentials certifications’ from insurers to ensure adequate cybersecurity is in place.

View the  Press Release and Report.

Reports and Surveys Updates

by Jim Bulling and Julia Baldi

The Emergence of Cybersecurity Law Report
The Emergence of Cybersecurity Law report released by Hanover Research outlines trends and strategies in respect of in house counsel’s involvement in companies’ cybersecurity efforts.

See the report here.

Eurobarometer report on cybersecurity
European Commissions publishes special Eurobarometer report on cyber ecurity which shows EU citizens have significant concerns about cybercrime threats.

See the report here.

European Union – General Data Protection Regulation (GDPR)

by Jim Bulling and Julia Baldi

The European Union has indicated an intention to finalise the General Data Protection Regulation (GDPR) before the end of 2015. This has the potential to effect Australian companies operating or storing data in Europe.

See the EU press release here.

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