PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

How Should the Law Handle Privacy and Data Security Harms?

law handle privacy and data security harms 1

by Daniel J. Solove

In three earlier posts, I’ve been exploring the nature of privacy and data security harms.

In the first post, Privacy and Data Security Violations: What’s The Harm?, I explored how the law often fails to recognize harm for privacy violations and data breaches.

In the second post, Why the Law Often Doesn’t Recognize Privacy and Data Security Harms, I examined why the law has struggled in recognizing harm for privacy violations and data breaches.

Continue Reading

Do Privacy Violations and Data Breaches Cause Harm?

L

by Daniel J. Solove

In two earlier posts, I’ve been exploring the nature of privacy and data security harms.

Post 1: Privacy and Data Security Violations: What’s The Harm?

Post 2: Why the Law Often Doesn’t Recognize Privacy and Data Security Harms

In this post, I want to explore two issues that frequently emerge in privacy and data security cases: (a) the future risk of harm; and (b) individual vs. social harm.

Continue Reading

Why the Law Often Doesn’t Recognize Privacy and Data Security Harms

why the law blog 1

by Daniel J. Solove

In my previous post on privacy/security harms, I explained how the law is struggling to deal with privacy and data security harms. In this post, I will explore why.

The Collective Harm Problem

One of the challenges with data harms is that they are often created by the aggregation of many dispersed actors over a long period of time. They are akin to a form of pollution where each particular infraction might, in and of itself, not cause much harm, but collectively, the infractions do create harm.

Continue Reading