PRIVACY + SECURITY BLOG

News, Developments, and Insights

high-tech technology background with eyes on computer display

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 […]

Covid-19 and Data Breach Litigation: An Interview of Daniel Raymond

The global pandemic has affected everything. COVID-19 is not just grinding trials to a halt and foreclosing live, in-person judicial proceedings, it has changed the class action litigation landscape, including data breach class actions. I recently had the opportunity to discuss the pandemic’s impact on data breach class actions with Daniel Raymond, a cyber & tech claims manager […]

Standing in Data Breach Cases: Why Harm Is Not “Manufactured”

Data Breach Standing - 11th Circuit

In a recent case, the U.S. Court of Appeals for the 11th Circuit weighed in on an issue that has continued to confound courts: Is there an injury caused by a data breach when victims don’t immediately suffer financial fraud?  I wrote on this issue in an article with Professor Danielle Citron in 2018, Risk and Anxiety: […]

Cartoon on Data Breach

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This cartoon is about evolution of data breaches, which began to grab headlines back in 2005, thanks in large part to California’s data breach notification law — the first of such laws.  Since that time, every state has passed breach notification laws, and there are breach notification laws sprouting up around the world.  Every day, […]

Cartoon: Data Breach Notification

Cartoon Data Beach Notification - TeachPrivacy Security Awareness Training 02 small

This cartoon is about data breach notification.  All 50 states plus the District of Columbia and Puerto Rico now have data breach notification laws, and breach notification laws are spreading around the globe.  And, as is often said in data security, it’s not whether a breach will happen, but when . . .