In this exclusive for The Privacy Advisor, Arnall Golden Gregory’s Kim Phan writes, “Companies may want to assess the level of risk posed by the possibility of litigation when determining how to respond to a data breach.” Phan explores specific factors that can help determine the likelihood of litigation following a breach. “Until recently, consumer plaintiffs have met with very little success in the courtroom, but this could change as the general public becomes increasingly aware that companies are maintaining detailed information about their customers,” writes Phan, adding, “Courts may soon recognize that an individual consumer has a reasonable expectation that such information should be protected and that a data breach violates that expectation.”
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