All posts in Lawsuits

Drones, Data Breaches, Cramming, and Other Privacy + Security Updates

Daniel Solove
Founder of TeachPrivacy

drones and data breaches

by Daniel J. Solove

This post is co-authored with Professor Paul M. Schwartz.

This post is part of a post series where we round up some of the interesting news and resources we’re finding. For a PDF version of this post, and for archived issues of previous posts, click here.

We became quite busy after the last update, so we’re a bit backlogged. We are catching up on developments late last year and we have a lot of material. We will release the next issue soon, as there is too much material to fit into this issue.

For a PDF version of this post, click here.

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Lawsuits for HIPAA Violations and Beyond: A Journey Down the Rabbit Hole

Daniel Solove
Founder of TeachPrivacy

hipaa lawsuits 1

by Daniel J. Solove

At first blush, it seems impossible for a person to sue for a HIPAA violation. HIPAA lacks a private cause of action. So do many other privacy and data security laws, such as FERPA, the FTC Act, the Gramm-Leach-Bliley Act, among others. That means that these laws don’t provide people with a way to sue when their rights under these laws are violated. Instead, these laws are enforced by agencies.

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Jennifer Lawrence’s Nude Photos and Civil Rights Law: An Interview with Danielle Citron

Daniel Solove
Founder of TeachPrivacy

Online Harm

“It is a sexual violation. It’s disgusting.
The law needs to be changed, and we need to change.”
Jennifer Lawrence on her nude photos being
non-consensually disclosed online

Fairly recently, Jennifer Lawrence’s iCloud account was hacked and her private nude photos were stolen and posted online. She was mortified.

Her case is just one of many, according to Professor Danielle Citron (University of Maryland School of Law), who very recently published a book about online harassment, Hate Crimes in Cyberspace (Harvard University Press 2014).

Citron - Hate Crimes in Cyberspace

It is a compelling and provocative book. It is a bold book. And as the recent news stories indicate, it is a book that couldn’t be more timely and more needed. One might think that online harassment is rare. Who would write such mean and vile things? What kind of person would harass Zelda Williams, the daughter of Robin Williams, who was viciously attacked online immediately after her father’s death? Even Caligula would show more humanity.

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Why Do Lawsuits for Data Breaches Continue Even Though the Law Is Against Plaintiffs?

Daniel Solove
Founder of TeachPrivacy

chess pic 1

by Daniel J. Solove

If there’s a big data breach, the class action lawyers will start nipping like a bunch of hungry crocodiles. Upwards of forty separate lawsuits were filed against Target after its data breach, and one was filed the day after the breach became public knowledge.

The law, however, has thus far been far from kind to plaintiffs in data breaches. Most courts dismiss claims for lack of harm. I have written extensively about harm in a series of posts on this blog, and I have chided courts for failing to recognize harm when they should.

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Why the C-Suite Should Have Coffee with the Privacy and Security Officers Every Week

Daniel Solove
Founder of TeachPrivacy

 

c suite blog 1

by Daniel J. Solove

As I discussed in a previous post, the two key things that organizations can do to prevent data incidents can be summed up in a simple rhyme:

The C-Suite must care

The workforce must be aware

In this post, I want to focus on the “C-Suite” – a term used for the upper management of an organization, its top officers.

The C-Suite must care about data security.

But far too often, the C-Suite doesn’t fully appreciate the risks and could use a better understanding of the law.

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