Online Data Breaches, Standing, and the Third-Party Doctrine

10 Pages Posted: 13 Feb 2015

See all articles by Adam Lamparello

Adam Lamparello

Georgia College and State University; Assistant Professor of Public Law

Date Written: February 11, 2015

Abstract

The third-party, standing, and reasonable expectation of privacy doctrines make it more difficult for citizens to recover damages that are directly and proximately caused by online data breaches, and make it less likely that private companies will adopt stringent procedures to protect personal information. In an era of hackers, malware, and inadvertent disclosures of private information, the law should allocate the risk to companies that are in a position to minimize or prevent infringements on consumers’ privacy. In the context of online data breaches, abandoning the third-party doctrine, eliminating the “imminent harm” prong of the standing doctrine, and focus on a societal, not subjective, expectation of privacy, will provide the types of safeguards that meet the challenges posed by digital era technology.

Keywords: fourth amendment, online data breaches, Katz v. United States, Riley v. California, Smith v. Maryland, third party doctrine, standing, reasonable expectation of privacy

JEL Classification: K20; K23; K40

Suggested Citation

Lamparello, Adam and Lamparello, Adam, Online Data Breaches, Standing, and the Third-Party Doctrine (February 11, 2015). Cardozo Law Review, de Novo, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2563800

Adam Lamparello (Contact Author)

Assistant Professor of Public Law ( email )

Georgia College and State University ( email )

Milledgeville, GA 31061-0490
United States

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