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Where Victims of Data Breach Stand Why the Breach of Personally Identifying Information Should be Federally Codified as Sufficient Standing for Data Breach Causes of Action
2020
Details
Title
Where Victims of Data Breach Stand Why the Breach of Personally Identifying Information Should be Federally Codified as Sufficient Standing for Data Breach Causes of Action
Author
Item Type
Journal article
Description
33 pages
ISSN
0736-7694
Summary
This Note recommends how a federal law should approach the standing issue in data breach cases and provides support for its conclusion that the mere breach of personal, non-redacted information should be deemed a sufficient injury-in-fact. Part I explains the doctrine of Article III standing, describing its three requirements for a federal lawsuit to qualify as a justiciable case or controversy. Particular attention is drawn to the injury-in-fact prong, as the struggle for data breach plaintiffs often turns on whether the breach of their information alone is a sufficient injury. Part II argues that there is an urgent need for Congress to pass a federal data breach law. It encourages Congress to incorporate components of the California Act into a federal law to achieve a less burdensome standing threshold for data breach plaintiffs. Part II also provides an explanation of how this would incentivize entities that store and maintain consumer data to implement adequate security measures. Part III acknowledges that the private right of action this law would create for those who do not allege misuse may be attacked as running afoul of Article III’s case or controversy requirement. To counter that position, Part III discusses precedent that supports the proposed law’s constitutionality.
Supplement Note
Published in : Cardozo Arts & Entertainment Law, vol. 38, no. 1 (2020)
Linked Resources
Published
[New York City, New York] : Yeshiva University Benjamin N. Cardozo School of Law, 2020.
Language
English
Record Appears in