Lords renew calls for security laws

08 Jul 2008

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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.

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"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.

Reader comments

Significant investment already being made

Significant investment has already been made by the sector over the past few years in combating fraud. Real-time card fraud detection using advanced analytics; biometrics; Chip and PIN, security dongles and random generated passwords are just some of the methodologies deployed to protect customers. Behind them sit complex, sophisticated analytics and modelling engines, constantly evolving encryption engines and an entire industry dedicated to protecting the customer.

On the other side of the fence sit the fraudsters. Teams of highly intelligent computer experts, who are trying to keep pace with the developing technology - But there is a third element in this - the actual customer themselves.

We have all experienced phishing attacks. Ah yes , one thinks as one opens the mail, I bank with you therefore I will gladly share my personal details, PIN number, date of birth and mothers maiden name with you. How many times have banks stated that they, nor their employees, would seek anything as personal as a PIN number? Why should the banks always be made culpable when sometimes the actual issue may be the consumer themselves. I understand that this is not necessarily always the case, but on some occassions, the naivety of the individual customer should come into question.

Posted by: Mark Elkins, Financial Services Manager, SAS UK  09 Jul 2008

too many notices?

If data breach notice legislation is adopted, it is important to distinguish a serious breach from a trivial one. It is irresponsible for law and legal practice to bury consumers with an excessive number of breach notices.

http://hack-igations.blogspot.com/2007/12/does-lost-tape-equate-to-lost-data.html

Posted by: Benjamin Wright  08 Jul 2008

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