Mandatory Data Breach Notification and Hacking the Smart Home: A Legal Response to Cybersecurity?
This paper will investigate whether the Australian legal and regulatory framework sufficiently addresses cybersecurity concerns particular to the smart home. Specifically, the paper will analyse the extent to which the introduction of the data breach notification scheme in Australia will apply to smart home device manufacturers regulated by the federal Privacy Act 1988 (Cth) regarding device breaches. By examining Australian Privacy Principle 11 and the introduction of mandatory data breach notification, the paper aims to determine whether the Australian privacy model of Principles Based Regulation is capable of providing a market-based solution to cybersecurity concerns in the smart home.
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