KASL, František. The US Lessons for the EU Personal Data Breach Notification: Part I - What is Personal Data Breach and Introduction of the US Regulatory Perspective. The Lawyer Quarterly. Praha: Institute of State and Law of the Academy of Sciences of the Czech Republic, 2020, vol. 10, No 4, p. 476-498. ISSN 1805-8396.
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Basic information
Original name The US Lessons for the EU Personal Data Breach Notification: Part I - What is Personal Data Breach and Introduction of the US Regulatory Perspective
Authors KASL, František (203 Czech Republic, guarantor, belonging to the institution).
Edition The Lawyer Quarterly, Praha, Institute of State and Law of the Academy of Sciences of the Czech Republic, 2020, 1805-8396.
Other information
Original language English
Type of outcome Article in a journal
Field of Study 50501 Law
Country of publisher Czech Republic
Confidentiality degree is not subject to a state or trade secret
WWW Open access časopisu
RIV identification code RIV/00216224:14220/20:00118066
Organization unit Faculty of Law
Keywords in English Personal data breach; security breach; notification obligation; US law; GDPR
Tags rivok
Tags International impact, Reviewed
Changed by Changed by: Mgr. Petra Georgala, učo 32967. Changed: 13/5/2021 14:58.
Abstract
The new obligation to notify personal data breaches under Articles 33 and 34 of the General Data Protection Regulation 2016/679 can be seen as a reflection of the US regulatory approach to security breach incidents, which has an established tradition since the enactment of Security Breach Information Act in California in 2002. The contribution presents in two parts the relevant legal frameworks of the US and the EU, in order to provide a discussion on their similarities and differences. The aim is to identify available intellectual stimuli to the respective academic debate regarding interpretation, application and specification of the EU provisions based on inspiration from the US experience. The Part I introduces the reader to the concept of personal data breach and its relevance in nowadays digital society and then offers and introduction of the relevant US regulatory frameworks.
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