Lost Data: The Legal Challenges

Information Today, Vol. 23, No. 10, p. 1, 2006

U. of Pittsburgh Legal Studies Research Paper Series

4 Pages Posted: 9 Jul 2009

Abstract

Another day, another data breach, another lawsuit. On September 22, 2006, a lawsuit was filed against America Online over AOL’s release of 19 million search requests affecting 650,000 subscribers. The suit was filed by three AOL subscribers as a class-action lawsuit where they would represent all of the victims of the release.

The AOL data breach is not the first such incident. In the September issue of Information Today, Phillip Britt reported that over 190 data breaches had been reported between February 2005 and June 2006. In February 2005, ChoicePoint reported that information on over 160,000 persons was leaked to criminals posing as legitimate businesses. In May 2006, a laptop computer containing access to over 26 million veterans and military personnel data was stolen from a VA employee’s home. At least two class action lawsuits are pending over that data breach. This article explores how the law is responding to the expanding quandary of data breaches and identity theft.

Keywords: data breaches, lawsuits, security, America Online, AOL, Department of Veteran Affairs, VA, laptop theft, data theft, federal laws, Privacy Act of 1974, legislation, liability standard

Suggested Citation

Pike, George H., Lost Data: The Legal Challenges. Information Today, Vol. 23, No. 10, p. 1, 2006, U. of Pittsburgh Legal Studies Research Paper Series, Available at SSRN: https://ssrn.com/abstract=1431586

George H. Pike (Contact Author)

Northwestern University Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States
312-503-0295 (Phone)
312-503-9230 (Fax)

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