EU agency seeks to tighten up data breach laws

ENISA report addresses concerns over EU notification rules

The EU's cyber security advisory body ENISA (the European Network and Information Security Agency) has issued a report on data breach notifications (DBNs) in response to the demand for greater clarity around the issue from telecom operators.

The EU DBN requirement for the electronic communications sector in the ePrivacy Directive (2002/58/EC) aims to improve data security in Europe and the report from ENISA outlines the concerns of both the telecom operators and the Data Protection Authorities (DPAs).

Professor Udo Helmbrecht, executive director of ENISA, said: "Gaining and maintaining the trust of citizens that their data is secure and protected is an important factor in the future development and take-up of innovative technologies and online services across Europe."

ENISA interviewed national DPAs and various private sector bodies in its study. It concluded that while the sector understands that DBNs have an important role for data protection, it is unclear as to its responsibilities at both the EU and local level to comply with the new requirements.

Key concerns raised by telecom operators and DPAs include:

• Risk Prioritisation - The seriousness of a breach should determine the level of response. Breaches should be categorised according to risk levels to avoid ‘notification fatigue'.
• Communication Channels - Operators need assurances that notification requirements will not impact their brands in a negative way.
• Resources - Some regulatory authorities are already occupied with other priorities.
• Enforcement - DPAs indicated that sanctioning authority enables them to better enforce regulations.
• Undue delay in reporting - Regulators want short deadlines for reporting breaches. Service providers, however, want to focus their resources on solving the problem.
• Content of notifications - Operators want to make sure the notification content does not impact negatively on customer relations. Regulators want all the necessary information.

Later this year ENISA will develop guidelines to assist with the implementation of the directive, and analyse the possibility of extending the obligation of DBN to other sectors, e.g. the financial sector, health care, and small businesses.

This will be discussed at an ENISA workshop in Brussels on 24 January, 2011.