A Property Right in Personal Information?
DATA LOSSJuly 7, 2011
Plaintiffs in data breach claims have been unsuccessful in convincing courts that they have suffered harms as a result of a breach, but "a new theory that claims a property right in personal information has recently been tried," writes Andrew Clearwater, CIPP, in an article for the current edition of the IAPP's Privacy Advisor newsletter. Clearwater says that, under this theory, a data breach causes a loss of personal information property and, therefore, a concrete or particularized harm has been realized." The approach is being tested in a case against RockYou Inc.