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.
Black, Stephen T, Cyberdamages, 36 Santa Clara High Technology Law Journal 1 (2020).