Perspective
Sep. 12, 2015
Data breach does not necessarily imply breach of duty
As data breach cases move past Article III standing issues and proceed to questions of negligence, organizations with concrete response plans already in place will fare much better. By Hsiao C. (Mark) Mao and Sheila Pham
Much of the current analyses surrounding cyberbreaches are lacking in how they discuss
incidents, as if an organization that has suffered a breach necessarily breached a
duty of care. From the perspective of cyber professionals, such an argument is over-simplification.
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Large organizations are subjected to hundreds of thousands of cyberattacks every day,...
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