Concurring Opinions: Are People Really Harmed By a Data Security Breach?
“In many data security breach cases, courts are dismissing claims not because companies practiced reasonable security and weren’t negligent — indeed, in many cases, companies were grossly negligent, even reckless. I’m continually stunned by how shoddy security practices keep occurring — such as the all-too-common lost laptop with millions of unencrypted records of consumer data. Instead, courts are dismissing cases even in the face of negligence (or worse) because they conclude that people aren’t really harmed by the exposure of their data.”


