Consumers navigating the United States' modern electronic exchange economy are uniquely vulnerable to injury from data breaches. Hackers run data breach operations on an industrial scale, with a worldwide underground economy supporting the processing and exploitation of stolen information. Economic damages from data breaches exceed millions of dollars annually in direct and indirect costs for consumers and businesses alike. While existing common law, statutory law, and regulatory law offer consumers affected by a data breach some degree of protection, that protection is largely inadequate in the face of the threat posed by consumer data breaches. This Comment argues that consumers can be better protected from the harm caused by data breaches by importing principles from European data privacy law into American law.
Michael D. Simpson,
All Your Data Are Belong to Us: Consumer Data Breach Rights and Remedies in an Electronic Exchange Economy,
U. Colo. L. Rev.
Available at: https://scholar.law.colorado.edu/lawreview/vol87/iss2/7