The Need for a National Data Breach Notification Law

2018 ◽  
pp. 1657-1668
Author(s):  
Kirk Y. Williams
Keyword(s):  
National Security ◽  
State Agencies ◽  
Cyber Attack ◽  
Academic Institutions ◽  
National Data ◽  
Data Breach ◽  
The Public ◽  
Governmental Agencies ◽  
Foreign Government ◽  
The Law

Individuals, groups, organizations, companies, and foreign government agencies that threaten the National Security of other countries, not only threaten their National Security but also threaten the security of state agencies, and the security of the individuals, groups, organizations, academic institutions that are consumers of those companies. Therefore, a National Data Breach Notification Law that would inform consumers once unwanted intrusions in the form of a cyber-attack occurs that results in the disclosure of their personal and financial information is needed. In the requests for a National Data Breach Notification Law suggestions have been made on what the law should include, and how the information should be reported to the public and to the individuals affected by the cyber-attack. This chapter explores how a National Data Breach Notification Law should be produced that would require uniformity across all states with guidelines that relate to the compliance of the law as it can affect individuals, organizations, academic institutions, companies, and governmental agencies.

The Need for a National Data Breach Notification Law

2016 ◽  
pp. 190-202
Author(s):  
Kirk Y Williams
Keyword(s):  
National Security ◽  
State Agencies ◽  
Cyber Attack ◽  
Academic Institutions ◽  
National Data ◽  
Data Breach ◽  
The Public ◽  
Governmental Agencies ◽  
Foreign Government ◽  
The Law

Individuals, groups, organizations, companies, and foreign government agencies that threaten the National Security of other countries, not only threaten their National Security but also threaten the security of state agencies, and the security of the individuals, groups, organizations, academic institutions that are consumers of those companies. Therefore, a National Data Breach Notification Law that would inform consumers once unwanted intrusions in the form of a cyber-attack occurs that results in the disclosure of their personal and financial information is needed. In the requests for a National Data Breach Notification Law suggestions have been made on what the law should include, and how the information should be reported to the public and to the individuals affected by the cyber-attack. This chapter explores how a National Data Breach Notification Law should be produced that would require uniformity across all states with guidelines that relate to the compliance of the law as it can affect individuals, organizations, academic institutions, companies, and governmental agencies.

scholarly journals KETERBUKAAN INFORMASI PUBLIK DALAM PEMERINTAHAN TERBUKA MENUJU TATA PEMERINTAHAN YANG BAIK

2012 ◽  
Vol 1 (1) ◽  
pp. 135
Author(s):  
Nunuk Febriananingsih
Keyword(s):  
Public Service ◽  
Government Regulation ◽  
Good Governance ◽  
Freedom Of Information ◽  
Human Right ◽  
The Public ◽  
Governmental Agencies ◽  
Access Information ◽  
The Law ◽  
The Government

<p>Kebebasan informasi merupakan hak asasi yang fundamental. Pengalaman selama ini menunjukkan bahwa informasi lembaga pemerintah dan non pemerintah dianggap sulit dijangkau masyarakat. Permasalahan yang diangkat dalam tulisan ini adalah bagaimana kesiapan lembaga-lembaga pemerintah dalam mengimplementasikan UU KIP dalam upaya mewujudkan tata pemerintahan yang baik. Dengan menggunakan metode penelitian hukum normatif diketahui bahwa Undang-Undang Nomor 14 Tahun 2008 tentang Keterbukaan Informasi Publik memberi jaminan kepada masyarakat untuk mengakses informasi dari badan publik, meskipun lembaga pemerintah belum siap mengimplementasikan UU KIP. Hal ini terlihat dari belum tersedianya informasi terkait dengan urusan tata kepemerintahan seperti kebijakan publik dan pelayanan publik. Untuk itu Pemerintah perlu segera mengimplementasikan UU KIP sesuai dengan yang diamanatkan oleh PP Nomor 61 Tahun 2010 tentang pelaksanaan UU KIP.</p><p>Freedom of information is a fundamental human right. Past experience shows that information and non-governmental agencies are considered hard to reach communities. Issues raised in this paper is how the readiness of government agencies in implementing the law is in an effort to realize good governance. By using the method of normative legal research note that the Act No. 14 of 2008 concerning Freedom of Information gives assurance to the public to access information from public bodies, although the government agency implementing the law is not yet ready. This is evident from the unavailability of information relating to the affairs of governance such as public policy and public service. For the Government should immediately implement in accordance with the law is mandated by the Government Regulation Number 61 Year 2010 concerning the implementation of the law is.</p>

scholarly journals System of subjects ensuring national security and defence of Ukraine

2020 ◽  
Vol 77 (2) ◽  
pp. 33-39
Author(s):  
О. В. Нестеренко
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
International Institutions ◽  
Armed Forces ◽  
State Agencies ◽  
Industrial Complex ◽  
Security Forces ◽  
Intelligence Agencies ◽  
The Law ◽  
Civil Defence

The author of the article substantiates the relevance and timeliness of the systematization of the subjects of national security and defense of Ukraine. On the basis of generalization and analysis of the current legislation in the field of national security and defense, the author has defined the system of subjects of national security and defense of Ukraine as follows: 1) management subsystem (the President of Ukraine); 2) controlled subsystem: security forces – law enforcement and intelligence agencies, state agencies of special purpose with law enforcement functions, civil defence forces and other agencies; Defense Forces – the Armed Forces of Ukraine, as well as other military formations, law enforcement and intelligence agencies, special purpose agencies with law enforcement functions formed in accordance with the laws of Ukraine; defense-industrial complex; citizens and public associations; 3) auxiliary parts of the system (Verkhovna Rada of Ukraine, Cabinet of Ministers of Ukraine, judicial agencies, international institutions). It has been offered to amend Part 1 of the Art. 12 of the Law of Ukraine “On National Security of Ukraine”, supplementing the four interconnected components of the security and defense sector with a fifth one – leadership in the field of national security and defense. At the end of the list contained in Part 2 of the Art. 12 of the Law of Ukraine “On National Security of Ukraine”, we consider it necessary to add the phrase “and other authorized agencies”, since the existing list of agencies that are part of the security and defense sector is not exhaustive. The main subjects of national security and defense of Ukraine have been characterized.

Secrets and Leaks

2016 ◽  
Author(s):  
Rahul Sagar
Keyword(s):  
National Security ◽  
Relevant Information ◽  
Executive Power ◽  
The Public ◽  
The Press ◽  
The Law ◽  
Complex Relationships ◽  
Unauthorized Disclosure ◽  
Fear Of Retaliation

This book examines the complex relationships among executive power, national security, and secrecy. State secrecy is vital for national security, but it can also be used to conceal wrongdoing. How then can we ensure that this power is used responsibly? Typically, the onus is put on lawmakers and judges, who are expected to oversee the executive. Yet because these actors lack access to the relevant information and the ability to determine the harm likely to be caused by its disclosure, they often defer to the executive's claims about the need for secrecy. As a result, potential abuses are more often exposed by unauthorized disclosures published in the press. But should such disclosures, which violate the law, be condoned? Drawing on several cases, this book argues that though whistleblowing can be morally justified, the fear of retaliation usually prompts officials to act anonymously—that is, to “leak” information. As a result, it becomes difficult for the public to discern when an unauthorized disclosure is intended to further partisan interests. Because such disclosures are the only credible means of checking the executive, the book claims, they must be tolerated, and, at times, even celebrated. However, the public should treat such disclosures skeptically and subject irresponsible journalism to concerted criticism.

All that happened inside the happening: Fear, law and politics after the police encounter at Batla House, New Delhi

2020 ◽  
Vol 54 (1) ◽  
pp. 51-75
Author(s):  
Mohammad Sayeed
Keyword(s):  
National Security ◽  
Collective Learning ◽  
The State ◽  
State Agencies ◽  
New Delhi ◽  
Law And Politics ◽  
The Law ◽  
Legal Procedures

This article focuses on legal learning and a specific type of protest that emerged in the aftermath of the police shoot-out at Batla House, New Delhi in 2008. Following the shooting, there was an atmosphere of fear in the locality, as doubts began to emerge about the police’s version of the story. What exacerbated the situation was a series of arrests from the locality, often without proper documents and procedures. Under the pretext of national security, the mandatory legal procedures were often ignored, and severely limited the legal avenues available for the residents. The residents invested in collective learning of the legal procedures and were able to create tactical situations on the street to force the state agencies to follow the letter of the law. In this process, they reproduced the state’s logic of combining the judicial with the extrajudicial but aimed it towards deepening their belonging to the law.

National Stamp-Tax Laws and State Instrumentalities

1935 ◽  
Vol 29 (2) ◽  
pp. 225-246 ◽  
Author(s):  
Alden L. Powell
Keyword(s):  
United States ◽  
Constitutional Law ◽  
The United States ◽  
National Government ◽  
Early History ◽  
State Agencies ◽  
Governmental Agencies ◽  
Tax Laws ◽  
History Of ◽  
The Law

The rule that the national government may not burden the governmental agencies of the states by taxation is generally familiar to students of constitutional law. An interesting phase of the development of this doctrine is found in judicial and administrative rulings on the immunity of state agencies under the national stamp-tax laws.The Early History of the Stamp Tax as Applied to State Judicial Documents. Stamps had been used as a means of securing revenue for nearly two centuries when such a method of taxation was suggested for the United States in 1797. The stamp tax originated in Holland in 1624, when, during a time of “dire necessity,” the States-General offered a reward to anyone who would invent a new kind of tax, and someone proposed “the requiring of stamps on documents and writings having a legal operation or forming necessary steps in suits in the law courts.” In 1694, England adopted this method of raising revenue. Congress first resorted to the stamp tax on legal instruments in acts of 1797 and 1813.

8. Public Interest Immunity and Related Matters

2021 ◽  
pp. 190-203
Author(s):  
Andrew L-T Choo
Keyword(s):  
National Security ◽  
Public Service ◽  
Public Interest ◽  
Freedom Of Information ◽  
Sources Of Information ◽  
Freedom Of Information Act ◽  
Criminal Cases ◽  
The Public ◽  
Proper Functioning ◽  
The Law

Chapter 8 examines the doctrine of public interest immunity. It discusses the development of the law; ‘class’ claims and ‘contents’ claims; national security and analogous concerns; proper functioning of the public service; the two main contexts in which public interest immunity disputes in criminal cases have arisen—the disclosure of the identity of police informers, and the disclosure of the location of police observation points; how the doctrine of public interest immunity stands alongside, and probably overlaps with, the operations of the Freedom of Information Act 2000; and section 10 of the Contempt of Court Act 1981, which governs the disclosure of sources of information contained in publications.

8. Public Interest Immunity and Related Matters

Evidence ◽  
2018 ◽  
Author(s):  
Andrew L-T Choo
Keyword(s):  
National Security ◽  
Public Service ◽  
Public Interest ◽  
Freedom Of Information ◽  
Sources Of Information ◽  
Freedom Of Information Act ◽  
Criminal Cases ◽  
The Public ◽  
Proper Functioning ◽  
The Law

Chapter 8 examines the doctrine of public interest immunity. It discusses the development of the law; ‘class’ claims and ‘contents’ claims; national security and analogous concerns; proper functioning of the public service; the two main contexts in which public interest immunity disputes in criminal cases have arisen—the disclosure of the identity of police informers, and the disclosure of the location of police observation points; how the doctrine of public interest immunity stands alongside, and probably overlaps with, the operations of the Freedom of Information Act 2000; and section 10 of the Contempt of Court Act 1981, which governs the disclosure of sources of information contained in publications.

Nixon and the resurgence of executive privilege

2019 ◽  
pp. 140-178
Author(s):  
Kevin M. Baron
Keyword(s):  
National Security ◽  
Public Interest ◽  
Executive Power ◽  
White House ◽  
The Public ◽  
The Law ◽  
Security Concerns

With the passage and implementation of FOIA under Johnson, the CLDC moves into the next iteration by examining the implementation, oversight, and amendment phase. This was driven in large part by Nixon's actions after coming into office. While Nixon talked about transparency, he took steps to expand White House control over information, not just following the precedent of Eisenhower, but in expanding the scope of executive privilege. Nixon asserted that executive privilege covered all White House conversations with any staff, appointees, and employees, expanding beyond the national security concerns in the public interest of his predecessors. Nixon's actions to expand executive power left Congress in the position of again grappling with ways to respond, including eventually amending FOIA to strengthen the law as an oversight measure. The first FOIA amendments began under Nixon but would not be finalized until President Ford was in office.

15. Deportation

2018 ◽  
Author(s):  
Gina Clayton ◽  
Georgina Firth ◽  
Caroline Sawyer ◽  
Rowena Moffatt ◽  
Helena Wray
Keyword(s):  
National Security ◽  
Public Good ◽  
Case Law ◽  
Decision Makers ◽  
The Public ◽  
History Of ◽  
The Law ◽  
The Uk

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter gives a brief history of the power of deportation. It then discusses in some detail the application of the ground that the deportation is conducive to the public good. This includes discussion of so-called automatic deportation under the UK Borders Act 2007, and of national security cases. The chapter also covers the Immigration Act 2014 provisions relating to deportation, including compulsory considerations for decision-makers and the power to ‘deport first appeal later’. The new case law on these provisions is also covered.

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