Congressional Civil Justice Caucus Academy Briefing: Cyberattacks, Data Breaches, and Serial Litigation - Should Federal Data Security Legislation be on Congress' Horizon?
Event Date: Friday, November 21, 2014
Location: Rayburn House Office Building, Room 2237, Washington, DC
Program Description: Target, Home Depot, Neiman Marcus, and JP Morgan Chase are part of the expanding list of firms whose data systems have been breached in the last year, exposing customers to identity theft, financial fraud, and phishing scams. There has been growing concern that the state patchwork of data breach laws are leaving both businesses and consumers unsatisfied. Businesses are concerned that serial litigation will become the norm as state attorneys general consider investigation and potential litigation. What legal obligations should businesses have to prevent data breaches or to protect consumers after a breach occurs? What security standards and enforcement mechanisms are necessary to tackle this issue? Should Congress consider a federal standard, and how would such a standard affect state and private litigation?
Daniel W. Caprio, Jr.
Rachel Nyswander Thomas
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