Data breaches are becoming a norm in modern life. Every year it seems that bigger and bigger attacks are launched, and more and more individuals are harmed. The law has responded by increasing states’ ability to prosecute cybercriminals. A glaring hole exists in this protection though. The state is largely an unharmed party. The real harm is done to individual citizens affected by the breaches. Their data is compromised, their identities are stolen, and their livelihoods are placed at risk. This Article will analyze the issue and propose a solution for increased consumer protection in addition to the current criminal punishments.
Justin H. Dion and Nicholas M Smith, Consumer Protection—Exploring Private Causes of Action for Victims of Data Breaches, 41 W. NEW ENG. L. REV. 253 (2019).