Privacy lawyer Andy Serwin responds to a blog entry by fellow privacy lawyer Daniel Solove on data breaches and “harm:”
Dan Solove has written extensively on privacy theory as well as harm in the data breach context and recently posted on harm in the data breach context. Solove’s post discusses the issues plaintiff’s face in privacy litigation and offers alternative theories on harm. Solove raises some interesting points, including regarding the efficacy of litigation in protecting consumers rights, and one of his points raises interesting issues about the role of insurance.
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