1. Breach Notification and Incident 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

5. THANK YOU Janet, Lumen House Library Avenue, Harwell Oxford Didcot, Oxfordshire t: +44 (0) 1235 822200 f: +44 (0) 1235 822399 e: Andrew.Cormack@ja.net t: @Janet_LegReg b: http://webmedia.company.ja.net/edlabblogs/regulatory-developments/