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The (Possibly) Injured Consumer: Standing In Data Breach Litigation, Lauren M. Lozada
The (Possibly) Injured Consumer: Standing In Data Breach Litigation, Lauren M. Lozada
St. John's Law Review
(Excerpt)
This Note will address the question of what factors a prospective plaintiff must display to “push [a] threatened injury of future identity theft beyond the speculative to the sufficiently imminent.” Part I will delve into relevant statistics to identify the characteristics of a data breach that most often lead to eventual identity theft. Part II will explore recent data breach standing cases and analyze the factual differences and legal perspectives that have led to disparate results among the federal circuits. Lastly, Part III will recommend a method for evaluating future data breach standing issues.
Protecting Personal Data: A Model Data Security And Breach Notifications Statute, Michael Bloom
Protecting Personal Data: A Model Data Security And Breach Notifications Statute, Michael Bloom
St. John's Law Review
(Excerpt)
This Note argues that current law is inadequate to protect consumers in light of the prevalence and severity of data breaches in recent years, and that a unifying federal legislation combining portions of state law and the DSBNA should be enacted. Part I of this Note analyzes the DSBNA for notification requirements when data breaches occur, the requirements for the implementation of security policies, regulatory mechanisms for monitoring compliance with these requirements, and criminal penalties for failing to comply. Part II summarizes the various state laws that exist for notification of data breaches. Part III proposes a model federal …