LOST IN THE CLOUDS: LIABILITY FOR PERSONAL INFORMATION BREACHES

An increasingly important example of this is the capture and use of personal information to process transactions, such as credit card information for a purchase, personal financial data for a mortgage loan application, personal health information for fitness tracking, and a great many other things. [...]Party Owes No Duty of Care Consider Leibovic v. United Shore Mortg. [...]the information may be going to an anonymous third party for processing, and when there is an issue, it turns out that the lack of a relationship with that third party may well preclude any meaningful remedy against that third party. The recently enacted General Data Privacy Regulation (GDPR) sets forth a comprehensive set of duties for every party involved in the collection of personal information, and it clearly allocates liability for breaches and other data mishandling.