Stanford CIS

House Takes First Steps on Federal Data Breach Law

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"To the contrary, Woodrow Hartzog of Stanford’s Cumberland School of Law stepped out of the line established by the expert testimony preceding his. He cautioned against limiting consumer breach notification based on malicious intent, calling harm triggers dubious because it is difficult to draw a line of causation between stolen data and future harm. Meeting the burden of proof that harm is likely, Hartzog said, is nearly impossible. Hartzog pushed back on the idea of over-notification, saying we simply do not yet live in a world where consumers will suffer from data breach notification fatigue."

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