1. INTEGRATING INTEGRITY: CONFRONTING DATA HARMS IN THE ADMINISTRATIVE AGE.
- Author
-
Bier, David J.
- Subjects
DATA security failures ,DATA security ,COMPENSATION (Law) ,INFORMATION storage & retrieval systems - Abstract
Each day brings with it a news report about how another company has suffered a data breach. But then what? Victims of data breaches have little or no recourse. Victims often struggle to overcome the constitutional standing requirement. When a legal settlement is reached, the actual compensation that victims receive is minimal. Businesses have weak incentives to strengthen security protocols, and there is no standard for what constitutes acceptable data protection practices. This Note reconceptualizes data breaches, not as isolated events requiring specifically tailored remedies, but as societal harms that are sure to repeat themselves. Using past responses to other widespread risks, this Note outlines a modern solution to the problem of data breaches. By setting clear standards, realigning incentives for organizations that store data, and ensuring that impacted parties obtain meaningful recovery, the incidence of data breaches and their harmful effects can be minimzed. [ABSTRACT FROM AUTHOR]
- Published
- 2019