
Contents
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History and Context of Data Security Laws History and Context of Data Security Laws
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Unfair or Deceptive Practices Legislation: Privacy and Security Unfair or Deceptive Practices Legislation: Privacy and Security
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Breach Notification Laws: Notice and Liability Breach Notification Laws: Notice and Liability
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United States State Breach Notification Laws United States State Breach Notification Laws
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United States Federal Breach Notification Laws United States Federal Breach Notification Laws
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Other National and Regional Breach Notification Laws Other National and Regional Breach Notification Laws
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Data Destruction Laws Data Destruction Laws
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Focus on Critical Infrastructure and Information Sharing Focus on Critical Infrastructure and Information Sharing
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Global Emphasis on Critical Infrastructure Protection Global Emphasis on Critical Infrastructure Protection
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Global Emphasis on Information Sharing Global Emphasis on Information Sharing
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Other United States Cybersecurity Laws Other United States Cybersecurity Laws
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Computer Fraud and Abuse Act Computer Fraud and Abuse Act
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State Statutes State Statutes
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China Cybersecurity Law China Cybersecurity Law
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New Challenges to Data Privacy and Security Law New Challenges to Data Privacy and Security Law
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The Aggregation Problem: Big Data and Personal Information The Aggregation Problem: Big Data and Personal Information
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Emerging Technology Emerging Technology
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Encryption Encryption
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Individual and Organizational Incentives Individual and Organizational Incentives
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Jurisdiction Jurisdiction
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Conclusion Conclusion
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Notes Notes
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References References
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20 Data Privacy and Security Law
Get accessFred Cate is Vice President for Research, Distinguished Professor, and C. Ben Dutton Professor of Law at Indiana University, and Senior Policy Advisor to the Centre for Information Policy Leadership.
Rachel Dockery is Senior Research Fellow in Cybersecurity and Privacy Law at Indiana University Maurer School of Law.
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Published:08 December 2021
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Abstract
This chapter discusses cybersecurity laws. Many measures employed to enhance cybersecurity pose a risk to privacy. In addition, data protection laws focus only on personally identifiable information, while cybersecurity is also concerned with securing economic data such as trade secrets and company databases, government information, and the systems that transmit and process information. As a practical matter, despite the prominence of security obligations in data protection legislation, these were often downplayed or ignored entirely until recent years. Only as cybersecurity threats became more pressing did regulators begin actively enforcing the security obligations found in most data protection laws. More recently, legislative bodies and regulators have begun adopting cybersecurity-specific obligations. However, even these have often mirrored or been combined with privacy protections, sometimes to the detriment of effective cybersecurity. The chapter describes major categories of cybersecurity law, including unfair or deceptive practices legislation, breach notification laws, and data destruction laws. It also considers the new focus on critical infrastructure and information sharing, the China Cybersecurity Law, and the new challenges to data privacy and security law.
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