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Breach Notification and Incident Response

Breach Notification and Incident Response. Andrew Cormack Janet TLP : White. Breach Notification. Current Telecoms Directive (telcos) Privacy breach => privacy regulator and affected parties Integrity/availability breach => telco regulator => ENISA (see report)

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Breach Notification and Incident Response

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  1. Breach Notification andIncident Response Andrew Cormack Janet TLP: White

  2. Breach Notification • Current Telecoms Directive (telcos) • Privacy breach => privacy regulator and affected parties • Integrity/availability breach => telco regulator => ENISA (see report) • Draft Data Protection Regulation (all) • Privacy breach => privacy regulator and affected parties (within 24 hours) • Rumoured Cybersecurity Directive (???) • Integrity/availability breach => ??? regulator => ENISA • Draft E-Signatures regulation also has notification requirements • Many incidents will require multiple notifications • With different requirements on timescales/severity/format 

  3. Information Sharing • Current Data Protection Directive • Incident response is a legitimate interest for telcos • Can disclose personal data for own and recipient’s legitimate interest • E.g. Telling bank their customer has been phished • Draft Data Protection Regulation • Incident response is a legitimate interest for everyone • Can disclose for own legitimate interest • Apparently not for recipient’s interest  • Including outside EEA

  4. Thoughts... • Does this indicate trends? • From voluntary to mandatory disclosure? • From mesh to hub-and-spoke model of sharing? • Could affect priorities after an incident • Legal duty to report rather than contain/fix? • Must help law build on known good practice • Talk to your legislators/regulators

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