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Cyber Litigation: Data Breach, Data Privacy & Digital Rights examines one of the fastest-growing areas of civil litigation in the United States. These lawsuits are premised on an emerging set of common law and statutory rights and obligations flowing from the online collection, use, sharing, and protection of consumer’s personal information.
This work examines threshold legal issues such as Article III standing for privacy violations and the meaning of “reasonable” data security. The book tracks the case law across the U.S. that is shaping the contours of data breach, wiretap, drivers' information, online tracking, biometric, and video privacy litigation — among others — while exploring emerging areas of digital rights litigation such as website accessibility and webscraping litigation.3
There is also coverage of European Union (EU) and U.S. Federal Trade Commission (FTC) enforcement decisions concerning data security and civil litigation under the EU's General Data Protection Regulation (GDPR).
For inside and outside counsel concerned about litigation exposure from particular privacy practices or stemming from a data breach, this work will be a unique first-line resource, helping to identify:
- Key issues
- Emerging privacy and data security causes of actions
- Trends in circuit court rulings
- Applicable defenses
- Practice pointers
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