Topic 6 DQ 1
Although electronic notification is an acceptable legal requirement, what assurances exist that electronic notification reaches everyone affected by a data breach? What are the requirements imposed on a company in a case where the receipt of electronic notification cannot be verified?
Topic 6 DQ 1
Laws that are set on the data which is breached include the manner based on the notification that occurs often. This mainly relates to the time limit with the notification, its people, and the agencies along with the authorities which are required to be contacted about the breach. Apart from this, the idea implemented on the GDPR can be taken as an example, based on the obligatory notice which is served for around 72 hours based on unauthorized access implemented on the system, based on the data, its use while understanding its distribution. Therefore, data processors are often required to make a notification under the data controller within the span of 72 hours of a breached contract, and a data controller is required to give a notification under the Supervisory Data Protection Authority under the members of the EU state of acknowledging the affected within the same period of time (Porcedda 2018).
Moreover, data breaching notification laws mainly require entities based on the process data to implement the security measures based on making the protection data or implementing the action as a part of the breached entity in order to make a rectification of the situation in order to remediate the harm. Hence, these are common in several countries, for example, Canada Indonesia, and the United States.
Alternative ideas and research has helped me to get an idea based on the theory where I can relate to the disloyalty taking place. As stated by Park (2019), the users mainly undertake the use of the websites correctly based in accordance with the legislation, under good faith, public order, and legal notice. Therefore, the users will have the protection that would give out a legal notice and help to make use of the e-notification. Thus, this would help them to respond on the basis of loyalty or the third-party basis, which causes damages based on the consequences of non-compliance with an obligation. This in terms aims to make use of regulatory access, in order to navigate and make use of a website. Therefore, an independent website is mainly set on the general terms and conditions to regulate the use, acquisition as well as contracting of specific products in order to offer all the users to learn about the website of the company (Thomas et al. 2019). Apparently, based on the medical company, they must have the ability to send the patients who are directed with e-notifications based on the PCPs and the other patient in order to identify the practitioners, based on the process which requires access under the directory PCP and all the other provider on a real-time.
Park, S. (2019). Why information security law has been ineffective in addressing security vulnerabilities: Evidence from California data breach notifications and relevant court and government records. International Review of Law and Economics, 58, 132-145.
Porcedda, M. G. (2018). Patching the patchwork: appraising the EU regulatory framework on cyber security breaches. Computer law & security review, 34(5), 1077-1098.
Thomas, G., Burmeister, O., & Low, G. (2019). The Importance of Ethical Conduct by Penetration Testers in the Age of Breach Disclosure Laws. Australasian Journal of Information Systems, 23.