Online Data Breaches, Standing, and the Third-Party Doctrine
10 Pages Posted: 13 Feb 2015
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: Suggested Citation
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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