@article{42011,
      author = {Nastasi, Gabriela},
      url = {http://tind.wipo.int/record/42011},
      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},
      abstract = {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.},
      recid = {42011},
      pages = {33 pages},
}