Latest in Data Protection

Data Protection

Standing in Data-Breach Actions: Injury in Fact?

If your personal information is released but never misused, can you sue the company that was supposed to keep it safe? Some federal circuits say no; others say yes. A new cert petition in Attias v. CareFirst, filed in appeal of the D.C. Circuit’s decision to allow one such lawsuit to proceed, argues that it is time for the Supreme Court to decide.

Data Protection

Does Equifax Owe Victims a Duty of Care?

Last week, credit reporting outlet Equifax disclosed that they were subject to a massive hack of personally identifiable information that may have compromised the data of as many as 143 million Americans. Unlike many other high-profile data breaches, many of the individuals affected might not have ever used Equifax, viewed or consented to their data retention policies.

Data Protection

Your Voter Records Are Compromised. Can You Sue? Theories of Harm in Data-Breach Litigation

Last year, the Republican National Committee hired a firm called Deep Root Analytics to collect voter information. The firm accidentally exposed approximately 198 million personal voter records. This was 1.1 terabytes of personal information that the company left on a cloud server without password protection for two weeks.

On June 21 of this year, victims filed a class action in Florida court against Deep Root Analytics for harm resulting from a data breach.

Data Protection

China Cyber Sovereignty and Cross-Border Digital Trade

As the U.S. reexamines its trade policy, commentators following U.S.-China affairs have noted an important area that has not received as much attention as the bilateral trade in goods but may one day rival it: the digital economy. Although U.S. exports of information and communication technology-related services to China totaled $12.8 billion in 2015, e-commerce sales in China were estimated to be $672 billion in 2014 (double that of the United States).

Data Protection

Democracy, Hacked: A Security Argument for Data Protection

The recent Office of the Director of National Intelligence (ODNI) report on Russia’s efforts to “undermine public faith in the US democratic process” through “an influence campaign in 2016 aimed at the US presidential election” also warns that similar influence operations could be waged against US allies, including France (where I’m from) and Germany. Both countries are set to hold elections in 2017 that will be crucial to the future of the EU.

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