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Criminal Liability in Breach Legislation Could Be a Recipe for Disaster

PRIVACY LAW—U.S.

January 30, 2014

With recent high-level data breaches, and the introduction by Sen. Patrick Leahy (D-VT) of the Personal Data Privacy and Security Act of 2014, some are hopeful a federal breach notification statute is on the horizon. There is one issue, however, raised by Leahy’s bill that “deserves considerable debate,” writes Andrew Proia, of Indiana University’s Center for Applied Cybersecurity Research and Maurer School of Law. “In addition to creating the federal breach notification law, Section 102 of Leahy’s bill would open the door to criminal liability for anyone who ‘intentionally and willfully’ conceals the fact of a security breach,” he writes for Privacy Perspectives, adding, “it would be wise for the information privacy and security community to think critically about whether the bill’s criminal statute would be a prudent addition.”
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