This Just in: Breached! Why Data Security Law Fails and How to Improve It

Our lives involve a lot of access to digital information and with that also data breaches. Despite the passage of many data security laws, data breaches are increasing at a record pace. In Breached! Daniel Solove and Woodrow Hartzog, argue that we focus too much on the breach itself. Using many stories about data breaches, Solove and Hartzog show how major breaches could have been prevented or mitigated through a different approach to data security rules. Current law is counterproductive they argue because it penalizes organizations that have suffered a breach but doesn’t address the many other actors that contribute to the problem: software companies that create vulnerable software, device companies that make insecure devices, government policymakers who write regulations that increase security risks, organizations that train people to engage in risky behaviors, and more.

Both Solove and Hartzog are experts in privacy and data security.  Solove has authored a number of books and textbooks on privacy and is the John Marshall Harlan Research Professor of Law at George Washington University School of Law.  He also is the founder of TeachPrivacy, a company that provides privacy and data security training. Hartzog is a Professor of Law and Computer Science at Northeastern University School of Law and the College of Computer and Information Science. His research on privacy, media, and robotics has been published in numerous law reviews and peer-reviewed publications.  He has also been published in many popular and news publications.

For additional information on cybersecurity, check out C|M|LAW’s CENTER FOR CYBERSECURITY AND PRIVACY PROTECTION.