03 November 2006

Eversheds

http://www.eversheds.com

Security Breaches

We have written extensively this year about security breach issues on e80.

Jonathan Armstrong from Eversheds spoke this month at the New York State Bar Association ILPS event in Shanghai where it became obvious that this issue is attracting significant attention in Asia too.

The event included a key note address by Jun Ge of Intel who reviewed privacy and security breach law in Asia. Much as in Europe, whilst there is currently little specific law dealing with breaches there are existing laws which are being reinterpreted to deal with security breaches. In China alone this body of law includes the constitution, civil law and pertinent judicial interpretations, criminal law, law on the protection of minors, law on the protection of rights and interests of women, law on statistics, law on lawyers, practicing physician law , regulations on the protection of the security of computer information systems, computer information network and Internet security, protection and administration regulation, provisions governing the administration of internet electronic bulletin boards and measures for the administration of internet e-mail services.

The event also included a summary by independent privacy counsel Nava Bat-Avraham on the political and legislative background in the US.

It is clear that with many security breaches being global in their nature it is wrong to concentrate only on the law of the country where breach occurs or on the home law of the company whose security has been breached.Our experience shows that a co-ordinated cross-border approach is essential.

There is more information on this month's conference in China at http://www.nysba.org/Content/ContentGroups/International_Law_and_Practice_Se ction2/Fall_Meeting_2006_Shanghai/ILPProgram2006LC.pdf

Copies of the slides can be obtained via email from michellecowper@eversheds.com

Jonathan Armstrong
Eversheds LLP
+44 845 498 4658

Peter Corne
Managing Director China
Eversheds LLP
+86 21 61 22 12 20
www.eversheds.com

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