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27 Santa Clara Computer & High Tech. L. J. 63 (2011)
Contextualizing the Tensions and Weaknesses of Information Privacy and Data Breach Notification Laws

handle is hein.journals/sccj27 and id is 65 raw text is: CONTEXTUALIZING THE TENSIONS AND WEAKNESSES OF INFORMATION PRIVACY AND DATA BREACH NOTIFICATION LAWS Mark Burdont 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 diferences 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 ofpersonal 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. I. INTRODUCTION Data breach notification laws appear to have been a successful addition to legal frameworks relating to the protection of personal information. For example, as a result of these laws, numerous information security failings have been reported that have affected both corporate and governmental institutions.' They have uncovered a major social problem that has the capacity to affect millions of t PhD Candidate/Research Associate, Faculty of Law/Information Security Institute, Queensland University of Technology. The author gratefully acknowledges funding from Australian Research Council Grant DPO879015 'A new legal framework for identifying and reporting Australian data breaches.' 1. See, e.g., Open Security Foundation, Periodic PDF Reports, http://datalossdb.org/reports tlast visited Sept. 10, 2010) (detailing the numerous data breaches that have been notified since the inception of US state-based notification laws). 63

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