PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

Are Many Privacy Violations Also Data Breaches?

Privacy and Security

Data breaches and privacy violations have long been thought of as different things, but actually, there is a lot of overlap. Two recent FTC cases address this issue. These cases involve the Health Breach Notification Rule, 16 CFR Part 318, which covers health data breaches beyond HIPAA. The Rule had long existed, but the FTC […]

Why Data Security Law Fails and How to Improve It

Faculti Interview - Solove

I recently gave a talk on Faculti about ideas in my recent book, BREACHED! WHY DATA SECURITY LAW FAILS AND HOW TO IMPROVE IT (Oxford University Press 2022), about how major security breaches could be prevented through new approaches to data security law.  The Faculti platform provides a library of 8,000 video and audio insights […]

Unifying Privacy and Data Security

Unifying Privacy and Security

Professor Woodrow Hartzog and I have posted on SSRN another free chapter from our recent book. The chapter is entitled Unifying Privacy and Data Security. The chapter is about the relationship between privacy and data security, and it can be read as a stand-alone essay. With our publisher’s gracious permission, we’re making this chapter available […]

Data Vu: Why Breaches Involve the Same Stories Again and Again

Scientific American Article - Data Vu by Solove Hartzog

Woodrow Hartzog and I wrote a new article about data breaches called “Data Vu: Why Breaches Involve the Same Stories Again and Again.” We discuss how data breaches involve the same old mistakes and how we must break the cycle. We begin: In the classic comedy Groundhog Day, protagonist Phil, played by Bill Murray, asks “What would […]

Key Quotes from BREACHED!

Breached - Solove and Hartzog 11

Professor Woodrow Hartzog and I selected some key quotes from our new book, BREACHED! WHY DATA SECURITY LAW FAILS AND HOW TO IMPROVE IT (Oxford University Press 2022). Website for Breached!  Breached! Amazon Page Download Chapter 1 for free The Law’s Obsessive and Unproductive Focus on Data Breaches “Too much of the current law of data security […]

We Still Haven’t Learned the Major Lesson of the 2013 Target Hack

Breached - Excerpt - Lessons of Target Hack 01

I have an article with Professor Woodrow Hartzog in Slate created from an excerpt from our new book, Breached! Why Data Security Law Fails and How to Improve it We Still Haven’t Learned the Major Lesson of the 2013 Target Hack By Woodrow Hartzog & Daniel Solove Slate (April 13, 2022) You can read Chapter […]

Chronicle of a Breach Foretold – Download Chapter 1 of BREACHED!

Breached - Solove and Hartzog 08

Professor Woodrow Hartzog and I have posted Chapter 1 of our new book, BREACHED! WHY DATA SECURITY LAW FAILS AND HOW TO IMPROVE IT (Oxford University Press 2022) on SSRN: Chapter 1: Chronicle of a Breach Foretold You can download it for free. Website for Breached!  Breached! Amazon Page * * * * This post was authored […]

BREACHED! WHY DATA SECURITY LAW FAILS AND HOW TO IMPROVE IT (Oxford University Press 2022)

Breached - Solove and Hartzog 05

I’m delighted to announce that my new book, Breached!, with Professor Woodrow Hartzog is now out in print: BREACHED! WHY DATA SECURITY LAW FAILS AND HOW TO IMPROVE IT (Oxford University Press, March 1, 2022) Website for Breached!  Breached! Amazon Page Excerpt from the book jacket description: Drawing insights from many fascinating stories about data breaches, Solove […]

Automating Privacy Incident and Breach Response: An Interview with Andy Lunsford

Privacy law compliance and data breach response involve tasks of great complexity and scale that can quickly overwhelm an organization’s privacy team. Technologies have emerged to automate these tasks, but there are many decisions to make about which tasks to automate and which solutions to use. I recently had a chance to chat with Andy Lunsford is […]

VIDEO: Conversation with Guernsey’s Data Protection Commissioner Emma Martins

  Recently, I spoke with Emma Martins, Data Protection Commissioner at Guernsey’s Office of the Data Protection Authority as part of their Project Bijou. We spoke about a number of topics, including the effect of the GDPR and my new children’s book about privacy, The Eyemonger.  You can watch the video of our conversation here.