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Sharing to Win Privacy

The theme of this week’s conference of the Forum of Incident Response and Security Teams (FIRST) is “Sharing to Win”. Perhaps inevitably, I’ve had a number of people (and not just Europeans) tell me that privacy law prevents them sharing information that would help others detect and recover from computer security incidents. If that’s right, […]

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Privacy Law Amendments Could Hinder Response to Privacy Incidents

One of the areas of network operations where it’s particularly tricky to get legislation right is incident response, and recent amendments proposed by the European Parliament to the draft Data Protection Regulation (warning: 200 page PDF) illustrate why. Most incidents involve computers, passwords, credit card numbers and so on falling into the hands of the […]

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Uncertainty, Risk Assessment and Breach Notification

Two talks on the first day of the FIRST conference highlighted the increasing range of equipment and data that can be found on the Internet, and the challenges that this presents both for risk assessment and, if incidents do happen, assessing the severity of the possible breach and what measures need to be taken. Eireann […]

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Privacy, Regulation and Innovation

Robin Wilton of the Internet Society gave a talk at the TERENA Networking Conference on the interaction between privacy, regulation, and innovation. It’s a commonly heard claim that regulation stifles innovation; yet the evidence of premium rate phone fraud and other more or less criminal activities suggests that regulation can, in fact, stimulate innovation, though […]

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Article 29 Working Party on Profiling

In what sometimes seems like a polarised debate on the draft Data Protection Regulation, it’s good to see the Article 29 Working Party trying to find the middle ground. The subject of their latest advice note is the contentious topic of profiling, which has been presented both as vital to the operation and development of […]

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Legal developments affecting incident response

I was asked recently how I saw current legal developments in Europe affecting the work of incident response teams, so here’s a summary of my thoughts. Understanding Data Protection law has always been a problem for incident response. Some of the information needed to detect and resolve incidents is personal data but laws are unclear […]

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International transfers within cloud providers

The Article 29 Working Party have published an explanatory document on Binding Corporate Rules for Data Processors, to provide further detail on using the template they published last year. European data protection law requires that any export of personal data from the European Economic Area be covered by adequate measures to protect individuals whose data […]

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Template for Cloud Privacy Level Agreements

Last year the Article 29 Working Party published an Opinion on Cloud Computing expressing concern at the information available to those considering moving services to the cloud about the protection that cloud services offered for their data. The Cloud Security Alliance have now produced a template for service providers to provide the information that the […]

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ICO on pseudonyms, consent and legitimate interests

It’s interesting to read the Information Commissioner’s comments on the draft European Data Protection Regulation, which have just been published. A number of the comments address issues we’ve been struggling with in providing Internet services such as incident response and federated access management. These are widely recognised as benefitting privacy, but they don’t fit easily […]

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Reporting Information Security Breaches

An interesting, though depressing, figure from Verizon’s 2012 Data Breach Investigations Report is that 92% of information security breaches were discovered and reported by a third party. Not by the organisation that suffered the breach, nor by its customers who are likely to be the victims of any loss of personal data, but by someone […]