The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.

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The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.

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Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.

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The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.

This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.

Saturday, May 07, 2005

When Is Security-Breach Disclosure Too Much Disclosure? 

Over at TechDirt, Brett is asking whether mandatory noficiation of security breaches will lead to an unrelenting bombardment of notices upon unsuspecting consumers, rendering them numb. Many, I think, will throw out the notices but anybody who gets more than a few of these will probably cross the line from apathy to concerned, demanding some action and accountability.

Techdirt:When Is Security-Breach Disclosure Too Much Disclosure?:

"Contributed by Brett on Thursday, May 5th, 2005 @ 02:09PM from the what-do-we-do-now? dept.

As Congress considers legislation requiring disclosure of data security breaches, some lawmakers are grappling with an issue that we've already been wondering about. How can you craft a law that forces companies to come clean on security breaches while not bombarding customers with too many notices? Notification is good -- it keeps customers informed and companies accountable. But the risk is that the more frequent the notices, the more likely people will start tuning them out. It'll be interesting to see what sort of balance a national law strikes. Perhaps each notice should come with a rating, in which an independent or law enforcement group assigns a risk level to the breach. Along with that, customers can be told what (if any) action they should take to deal with the situation, though this would probably involve giving customers more control over their information and how it's used -- and that would only make the political wrangling even worse. "

I do agree with the poster that notices should should also disclose the relative risk of the breach, since most consumers are probably ill-prepared to figure out the risk without assistance.

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