PRIVACY + SECURITY BLOG

News, Developments, and Insights

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

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 […]

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How Should the Law Handle Privacy and Data Security Harms?

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 […]

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Do Privacy Violations and Data Breaches Cause Harm?

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 […]

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Privacy and Data Security Violations: What’s the Harm?

by Daniel J. Solove “It’s just a flesh wound.” – Monty Python and the Holy Grail Suppose your personal data is lost, stolen, improperly disclosed, or improperly used. Are you harmed? Suppose a company violates its privacy policy and improperly shares your data with another company. Does this cause a harm? In most cases, courts […]

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