Cybercrime and Data Breach: Privacy Protection through the Regulation of Voluntary Notification

Prepared for the Korea Legislation Research Institute (KLRI), 2017 Legal Scholar Roundtable, How Law Operates in the Wired Society, Seoul, Korea, 2017

9 Pages Posted: 11 Dec 2017 Last revised: 27 Oct 2020

See all articles by Seung-Hun Hong

Seung-Hun Hong

Korea Institute of Public Administration

Mamoun Alazab

Cyber Security

Date Written: 2017

Abstract

Increasing criminal use of the Internet poses a serious threat to individuals, businesses, industry and governments. Criminals understand the opportunity offered by an online society, and methods for identity theft, financial crime and other crime have adapted to the Internet. This paper focuses on one of many different types of cybercrimes: data breach. Data breach may involve serious cybercrime as breach of personal identifying information not only imposes huge costs to individuals and organizations but also deprives of “their right to confidentiality, privacy and integrity of their personal information,” which is hardly quantifiable.

This paper aims to better understand the recent legal reform in Australia enacting the Mandatory Data Breach Notification Act. Australia joined the trend in February 2017 by legislating amendment to Privacy Act, which is Privacy Amendment (Notifiable Data Breaches) Bill 2017. This is a significant improvement in privacy protection and data security, as literally speaking all of our personal information is kept online by many different private and public organizations, from government agencies and financial institutions to almost all online services, whose level of data protection system may vary. In order to understand the new reform, this paper undertakes the following tasks. Section 2 presents a summary of the Australian voluntary notification law. Section 3 provides an analysis of the Australian voluntary notification law, focusing on whether voluntary notification can be a way of enhancing the protection of personal data, and eventually of individual privacy. Regulatory enforcement measures are of particular concern to see if they make up for the ex post characteristics of voluntary notification.

Keywords: Cybercrime, Data Breach, Regulation, Risk, Cybersecurity, Cybersecurity, Data Privacy

Suggested Citation

Hong, Seung-Hun and Alazab, Mamoun, Cybercrime and Data Breach: Privacy Protection through the Regulation of Voluntary Notification (2017). Prepared for the Korea Legislation Research Institute (KLRI), 2017 Legal Scholar Roundtable, How Law Operates in the Wired Society, Seoul, Korea, 2017, Available at SSRN: https://ssrn.com/abstract=3042174 or http://dx.doi.org/10.2139/ssrn.3042174

Seung-Hun Hong

Korea Institute of Public Administration ( email )

235 Jinheung-ro
Eunpyeong-gu
Seoul, 03367
Korea, Republic of (South Korea)

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