All posts tagged Privacy Harms

When Do Data Breaches Cause Harm?

Daniel Solove
Founder of TeachPrivacy

 

Harm has become the key issue in data breach cases. During the past 20 years, there have been hundreds of lawsuits over data breaches. In many cases, the plaintiffs have evidence to establish that reasonable care wasn’t used to protect their data. But the cases have often been dismissed because courts conclude that the plaintiffs have not suffered harm as a result of the breach. Some courts are beginning to recognize harm, leading to significant inconsistency and uncertainty in this body of law.

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Green Eggs and Ham: How Not to Market and Invade Privacy

Daniel Solove
Founder of TeachPrivacy

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By Daniel J. Solove

Dr. Seuss’s Green Eggs and Ham is a timeless classic that is read to millions of children. At first the simple rhymes and cute drawings are alluring. But parents will soon discover the book’s terrifying equation: The tiresome repetition of the book multiplied by the number of times a child will want the book read. The result is mind-numbing and will make parents curse the day they decided to make the book part of their child’s library.

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How Should the Law Handle Privacy and Data Security Harms?

Daniel Solove
Founder of TeachPrivacy

law handle privacy and data security harms 1

by Daniel J. Solove

In three earlier posts, I’ve been exploring the nature of privacy and data security harms.

In the first post, Privacy and Data Security Violations: What’s The Harm?, I explored how the law often fails to recognize harm for privacy violations and data breaches.

In the second post, Why the Law Often Doesn’t Recognize Privacy and Data Security Harms, I examined why the law has struggled in recognizing harm for privacy violations and data breaches.

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Do Privacy Violations and Data Breaches Cause Harm?

Daniel Solove
Founder of TeachPrivacy

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by Daniel J. Solove

In two earlier posts, I’ve been exploring the nature of privacy and data security harms.

Post 1: Privacy and Data Security Violations: What’s The Harm?

Post 2: Why the Law Often Doesn’t Recognize Privacy and Data Security Harms

In this post, I want to explore two issues that frequently emerge in privacy and data security cases: (a) the future risk of harm; and (b) individual vs. social harm.

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Why the Law Often Doesn’t Recognize Privacy and Data Security Harms

Daniel Solove
Founder of TeachPrivacy

why the law blog 1

by Daniel J. Solove

In my previous post on privacy/security harms, I explained how the law is struggling to deal with privacy and data security harms. In this post, I will explore why.

The Collective Harm Problem

One of the challenges with data harms is that they are often created by the aggregation of many dispersed actors over a long period of time. They are akin to a form of pollution where each particular infraction might, in and of itself, not cause much harm, but collectively, the infractions do create harm.

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Privacy and Data Security Violations: What’s the Harm?

Daniel Solove
Founder of TeachPrivacy

privacy and data security violation blog 1

by Daniel J. Solove

“It’s just a flesh wound.”

Monty Python and the Holy Grail

Suppose your personal data is lost, stolen, improperly disclosed, or improperly used. Are you harmed?

Suppose a company violates its privacy policy and improperly shares your data with another company. Does this cause a harm?

In most cases, courts say no. This is the case even when a company is acting negligently or recklessly. No harm, no foul.

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