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).
The Law’s Obsessive and Unproductive Focus on Data Breaches
“Too much of the current law of data security places the breach at the center of everything. Turning data security law into the “law of breaches” has the effect of over-emphasizing the conduct of the breached entities while ignoring the other actors and factors that contributed to the breach.” (p. 11)
“Data security law has an unhealthy obsession with data breaches. This obsession has, ironically, been the primary reason why the law has failed to stop the deluge of data breaches. The more obsessed with breaches the law has become, the more the law has failed to deal with them.” (p. 39)
“Breaches are already very costly and painful, so when regulators come along and add a little more to the pain, it often is not a game changer. This is especially true because the penalties are often far smaller than the overall costs of the breach.” (p. 55)
Data Security Is a Delicate Balance
“Current data security rules fail to address risk effectively. In many circumstances, the law penalizes breaches with little regard to considerations of risk and balance. Other times, the law levies no penalty against organizations even though their actions created enormous unwarranted risks.” (p. 12)
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