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Will Voters Support “Presumption of Harm” in Breach Cases?

PRIVACY LAW—U.S.

October 4, 2013

In a Mondaq report, Julian D. Perlman of BakerHostetler examines California’s move toward “amending its Constitution to create a presumption of harm whenever personal data is shared without a consumer's express opt-in, a change that would clear a significant hurdle to many privacy breach lawsuits.” Perlman writes of California Secretary of State Debra Bowen’s approval of the necessary steps to bring the Personal Privacy Protection Act to California voters, noting it “would create presumptions that an individual's personally identifying information is confidential when collected for a commercial or governmental purpose and that individuals are harmed whenever that personal data is shared without his or her express opt-in,” bringing California closer to the EU’s data collection and sharing approach.
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