Privacy Takeaways From The Neiman Marcus Breach Case

Law360, New York ( August 3, 2015, 10:08 AM EDT) -- One of the most rapidly developing areas of jurisprudence is online data privacy class actions. The issues being raised in these lawsuits mirror the overarching societal debate of the meaning of privacy, the definition of "privacy rights," and what constitutes highly sensitive personal and business information, in the context of electronic data and communications. The courts are grappling with these metaphysical questions through the lens of legal precedent developed in the nonvirtual world. The case law can be, from a business perspective, frustrating to read because the courts often appear to be unfamiliar with technology, "big data" and cybersecurity, and seem to ignore the practical ramifications. The purpose of this article is to discuss the salient facts that the Seventh Circuit Court of Appeals found relevant in deciding Remijas v. Neiman Marcus Group, as potential guidance for companies developing their privacy policies and cybersecurity protocols....

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