Cyberdamages

Date

2020

Journal Title

Journal ISSN

Volume Title

Publisher

Santa Clara High Technology Law Journal

Abstract

Theft of personal property is easy to consider, but theft of information poses unique problems. Courts and legislatures dealing with victims of data breaches grapple with whether the victim has been harmed – in a manner that the law can redress. In most cases, the thief is gone, and the victims – the individual whose data was taken and the company it was entrusted to – are engaged in a lawsuit. This article engages in a discussion on the nature of such “cyberdamage,” and whether a mere showing of damage to privacy is enough, or if a showing of financial harm is required.

Description

Keywords

Theft of information, Damages, Cyber law, Data breaches, Torts, Cyber theft

Citation

36 Santa Clara High Tech L.J. 1