The House of Lords today launched the official follow-up to its report on
personal internet security published last year, renewing calls for a data breach
notification law, new legislation to hold banks liable for online fraud and a
change to current fraud reporting rules.
The
House
of Lords Science and Technology Committee stated in the new document that
although "there has been some progress towards meeting our concerns", the
government has still failed to introduce measures such as legislation to compel
organisations to disclose any data breach incidents.
"We need to set the correct level by which [the victims] can be informed
about a breach," said Lord Broers, a member of the committee. "Arguing that it's
not that effective and that people become numbed by all the disclosures is a
completely inadequate reason not to do this."
Richard Turner, chief executive of content security vendor
Clearswift said that firms which
clearly communicate to their customers what information they gather and store,
and what will happen in the event of a breach, could use it as a competitive
differentiator.
"Without this legislation there won't be the constant driver for the
responsible and safe management and collection of information," he added. "As a
custodian of someone's information, business or personal … you have an absolute
obligation to tell that person as soon as you find out."
Vin Bange, data privacy expert and associate at law firm Eversheds, argued
that although there is "already a robust framework" in terms of data protection
in the UK, there is no legal obligation on organisations to tell the data
subject if there has been a breach.
He added that "the detail will be the biggest point of debate" in any
proposed data breach notification law; specifically what balance is given
between volume of data lost and its impact on the data subject when setting the
minimum level for breach disclosure.
The committee also reiterated calls for banks to be held legally responsible
for losses incurred by online fraud, arguing current Banking Code rules are not
sufficient.
"We have significant concerns about the way in which complaints of online
banking fraud are currently handled and, in particular, the basis on which the
banks determine that an alleged fraud is to be attributed to the customer, whet
her by fraudulent or negligent activity," said the report.
The follow-up report highlighted fraud reporting as another area in which the
government has done little to address the current situation, where fraud victims
must report to their banks in the first instance, rather than the police.
"We were concerned about reporting fraud in this sequence on the ground that
the decision of the banks to pass a report to the police might be influenced by
commercial factors," said the report.
In related news, web security vendor
Trend Micro has released new
research suggesting that data leaks are becoming one of the top security
concerns for corporates.
The firm surveyed 1,600 corporate end users in the US, UK, Germany and Japan
and found that loss of company data and information was ranked as the second
most serious threat, more important than spam, spyware and other threats.
However, only 46 per cent of those companies surveyed said they had a policy
to prevent data leaks.
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