I recently wrote a series of posts on LinkedIn exploring privacy and data security harms. I thought I’d share them here, so I am re-posting all four of these posts together in one rather long post.
I. PRIVACY AND DATA SECURITY VIOLATIONS: WHAT’S THE HARM?
“It’s just a flesh wound.”
Suppose your personal data is lost, stolen, improperly disclosed, or improperly used. Are you harmed?
In most cases, courts say no. This is the case even when a company is acting negligently or recklessly. No harm, no foul.
Strong Arguments on Both Sides
Some argue that courts are ignoring serious harms caused when data is not properly protected and used.
Yet others view the harm as trivial or non-existent. For example, given the vast number of records compromised in data breaches, the odds that any one instance will result in identity theft or fraud are quite low.