Developments in Data Security Breach Liability

The defense argued that the BAA was like the annual Notice of Privacy Practices, only a proforma statement of legal obligations that created no contractual rights; however, the court responded that a BAA may cover more than the statute requires. Because the BAA was attached to the Administrative Ser...

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Bibliographic Details
Published in:The Business Lawyer 2016-12, Vol.72 (1), p.185-194
Main Author: Silverman, David L.
Format: Article
Language:English
Subjects:
Commercial law
Credit card processing
Data integrity
Data security
Federal court decisions
Fees & charges
Fraud
Health insurance
Identity theft
Laws, regulations and rules
Malware
Privacy
Privacy, Right of
Restaurants
Settlements & damages
Social security numbers
Standing (Law)
State court decisions
Survey—Cyberspace Law
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Summary:The defense argued that the BAA was like the annual Notice of Privacy Practices, only a proforma statement of legal obligations that created no contractual rights; however, the court responded that a BAA may cover more than the statute requires. Because the BAA was attached to the Administrative Services Only ("ASO") agreement for California public employees, the ASO agreement could be read to incorporate the various privacy policies, and the class could proceed on the theory that they were third-party beneficia- ries.
ISSN:0007-6899
2164-1838