DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

In Cybersecurity, No Harm Does Not Necessarily Mean No Foul

Posted on February 18, 2016 by Dissent

Peter Sullivan, Christopher Escobedo Hart and Colin Zick of Foley Hoag write:

How much does the question of harm matter in cybersecurity law? The answer is: It depends on who is bringing the claim.

Businesses confronting data breaches can face litigation from private consumers as well as from governmental entities. Managing litigation risk varies in these contexts because of the limitations of bringing private rights of action. One such limitation is the requirement of proving actual harm in private actions. As explained further below, the bar for enforcement is lower when federal regulators bring an action against an entity. Businesses must be mindful that the lack of actual harm may not be an avenue to dismiss these claims. Employing best practices is still paramount in helping businesses mitigate the risks that come from private party suits and government enforcement actions.

Read their full article that includes mention of notable court rulings and their implications on Security, Privacy, and the Law.

Related posts:

  • Former Chief Security Officer For Uber Charged With Obstruction Of Justice
  • Former Uber Chief Security Officer to Face Wire Fraud Charges
Category: Commentaries and Analyses

Post navigation

← Memphis man accused of using stolen patient identity information to defraud banks of $1.6 million
Data Broker Defendants Settle FTC Charges They Sold Sensitive Personal Information to Scammers →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Horizon Healthcare RCM discloses ransomware attack in December
  • Disgruntled IT Worker Jailed for Cyber Attack, Huddersfield
  • Hacker helped kill FBI sources, witnesses in El Chapo case, according to watchdog report
  • Texas Centers for Infectious Disease Associates Notifies Individuals of Data Breach in 2024
  • Battlefords Union Hospitals notifies patients of employee snooping in their records
  • Alert: Scattered Spider has added North American airline and transportation organizations to their target list
  • Northern Light Health patients affected by security incident at Compumedics; 10 healthcare entities affected
  • Privacy commissioner reviewing reported Ontario Health atHome data breach
  • CMS warns Medicare providers of fraud scheme
  • Ex-student charged with wave of cyber attacks on Sydney uni

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • Supreme Court Decision on Age Verification Tramples Free Speech and Undermines Privacy
  • New Jersey Issues Draft Privacy Regulations: The New
  • Hacker helped kill FBI sources, witnesses in El Chapo case, according to watchdog report
  • Germany Wants Apple, Google to Remove DeepSeek From Their App Stores
  • Supreme Court upholds Texas law requiring age verification on porn sites
  • Justices nix Medicaid ‘right’ to choose doctor, defunding Planned Parenthood in South Carolina
  • European Commission publishes its plan to enable more effective law enforcement access to data

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.