[Chapter-delegates] ISOC approaches to privacy breach legislation?

Mon Jun 24 10:58:42 PDT 2013

Babu,

to your question on privacy breach legislation:

In Mexico the Data Protection law is relatively recent and thus quite advanced.

I will ask for more details about an obligation for companies to inform publicly about data breaches. It is not in high visibility, to say the least.

BUT: the law does impose severe fines on companies who break the law. Recently there have been several high profile cases against a store (pharmacy) for having a non-compliant privacy policy; a bank for using data from a prospective client who did not become a client; a medical doctor for passing forward patient data.

And now there is what may become a landmark case. The CitizenLab at the University of Toronto, as you may know, has found evidence that the FinFisher software is hosted in two Mexican telcos/ISPs. A human-rights organization has gone to the institution in charge of data protection with a lawsuit based on a very expansive article in the law, which allows third parties to ask for evidence of privacy breaches such as this.

We are supporting this motion. I understand that Article 19 Mexico and other organizations will do so too.

It is a great provision in the law so if you in Nepal begin to lobby for a privacy/data-protection law it would be of interest for you.

The lawsuit has just been filed so it's a long way to go to see if it's successful (shorter if it's dismissed after ten days, the first deadline.)

I am not aware of a firm position from ISOC HQ in favor of privacy breach notification; to the best of my knowledge that is fine, considering the vast diversity of legal systems, though it seems many of us do support establishing this kind of pressure on companies handling personal data. Devil/details, Occam's razor, law of unintended consequences all over.

Yours,

Alejandro Pisanty

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________________________________
Desde: chapter-delegates-bounces at elists.isoc.org [chapter-delegates-bounces at elists.isoc.org] en nombre de Baburam Aryal [babu at isoc.org.np]
Enviado el: lunes, 24 de junio de 2013 11:57
Hasta: Charles Oloo
CC: Chapter Delegates
Asunto: Re: [Chapter-delegates] ISOC approaches to privacy breach legislation?

Dear Narelle
Thank you for the sharing. We do not have specific privacy or data protection law in Nepal. I appreciate all the comments here that could be guiding for us.

On Mon, Jun 24, 2013 at 7:14 PM, Charles Oloo <oloo6382 at gmail.com<mailto:oloo6382 at gmail.com>> wrote:
Dear Narelle,

This must be one topic that needs scrutiny it seems, having raised the same issue a while ago, pertaining to privacy. Yes we have a draft Kenya Data Protection Bill that we hope will wholesomely address some of these issues. However, there is still need for more strategy and awareness and to engage more stakeholders to address some of the emerging issues.

Charles

On Wed, Jun 19, 2013 at 6:19 AM, Narelle Clark President ISOC-AU <President at isoc-au.org.au<mailto:President at isoc-au.org.au>> wrote:
Hi all

what approaches has your country taken to privacy breach notification
legislation?

What is ISOC's position on whether this be mandatory or otherwise?

We have proposed legislation, see:
http://www.aph.gov.au/Parliamentary_Business/Committees/Senate_Committees?url=legcon_ctte/privacy_alerts_2013/info.htm

thanks

Narelle

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Narelle Clark
President
Internet Society of Australia

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