Cyber & Technology
The Fallout From the First Trial of a Corporate Executive for ‘Covering Up’ a Data Breach
The Justice Department should issue guidance to clarify the line between covering up a data breach and merely declining to disclose it.
Kellen Dwyer is a partner at Alston & Bird and co-chair of the firm’s National Security & Digital Crimes Team. He served in the Justice Department for seven years, first as an Assistant U.S. Attorney in the Eastern District of Virginia, where he prosecuted computer hacking and national security cases, then as a Deputy Assistant Attorney General in the National Security Division, where he was in charge of the legal policy and appellate sections.
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The Justice Department should issue guidance to clarify the line between covering up a data breach and merely declining to disclose it.
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