Hunton Andrews Kurth writes:
On October 19, 2018, the Federal Trade Commission announced that it released a paper on the Staff Perspective on the Informational Injury Workshop (the “Paper”), which summarized the outcomes of a workshop it hosted on December 12, 2017 to discuss and better understand “informational injuries” (i.e., harm suffered by consumers as a result of privacy and security incidents, such as data breaches or unauthorized disclosures of data) in an effort to guide (1) future policy determinations related to consumer injury and (2) future application of the “substantial injury” prong in cases involving informational injury.
The Paper listed several examples of informational injuries, including medical identity theft, doxing, disclosure of private information and erosion of trust, and emphasized that the risks of such injuries should be balanced against the value of the information collection.
Read more on Privacy & Information Security Law Blog.