Data breach laws 'need to be fair'

Any UK data breach legislation must not single out businesses or consumers but be fair to both, according to a security company chief.

Phillip Dunkelberger, president and CEO of data encryption company PGP, told silicon.com any UK legislation on data breach notification "needs to be fair to both businesses and consumers" because each situation is different and blame needs to be attributed accordingly.

Dunkelberger said if a company is careful with our information but consumers are not, then it is an "obvious choice" about who to blame if a breach occurs - and vice versa for careful consumers and businesses which fail to protect data adequately.

He added data breaches are a "serious business" which damage consumers and also cause brand damage so businesses need to be given some leeway to deal with such situations and re-evaluate how they use data.

silicon.com's Full Disclosure campaign - what we are asking for...

silicon.com wants the government to review its data protection legislation and improve the reporting of information security breaches in the public and private sectors.

We are calling for greater public debate and for the government to consider legislation that would require organisations that suffer information security breaches to alert their customers if there is a chance the breach has put individuals' sensitive personal data at risk.

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Dunkelberger said data breaches may still continue to happen in those US states with notification legislation - but the laws have raised awareness and made it easier for victims of data breaches to understand what action they need to take.

California's data breach law has also forced companies to take data security seriously - and has given consumers the tools to protect themselves against fraud.

Dunkelberger added: "It's not just legislation, all forms of security have to become simpler and easier to use to encourage consumers and businesses to up their security efforts and prevent data breaches."