ABSTRACT
Misuse of users’ personally identifiable information is persistent and pervasive. This article addresses two questions: Why is information misuse so common and so severe? And how could domestic law change to make it less so?
I use a simple model to illustrate that companies externalize information misuse costs onto users, which has two related but distinct effects: chronic underinvestment in information security and excessive retention of user data. I then seize on this observation to propose a specific legal vehicle at the heart of this article – what I call a private enforcement remedy. This private enforcement remedy has four essential features. …
Ormerod, Peter, A Private Enforcement Remedy for Information Misuse (February 23, 2019). Boston College Law Review, Forthcoming.
First posted 2019-03-22 07:15:16
Leave a Reply