http://cyberlaw.stanford.edu/node/5734

>From the original title of this post the uneducated would take it to
mean that a PII disclosure does not necessarily result in a fine for
the guilty party, where in fact the report I believe indicates that a
financial penalty may be enforced on the guilty even if no actual
financial loss was incurred as a result of the PII.

S.

On Apr 10, 10:40 am, "Ali, Saqib" <[EMAIL PROTECTED]> wrote:
> Special thanks to Lauren Gelman of Stanford for highlighting this in
> her blog <http://cyberlaw.stanford.edu/blog/lauren-gelman>.
>
> In the recent American Federation Of Government Employees (plaintiff)
> v.s. Kip Hawley, in his official capacity as Administrator for TSA,
> the plaintiffs alleged that defendants violated the Aviation and
> Transportation Security Act ("ATSA") and the Privacy Act by failing to
> establish appropriate safeguards to insure the security and
> confidentiality of personnel records which resulted in unintended
> disclosure of Personally Identifiable Information (PII) of 100,000 TSA
> employees.
>
> The defendants argued that "that the individual plaintiffs should be
> dismissed for lack of standing for failing to demonstrate an
> injury-in-fact. Mot. Dismiss at 13.11 According to defendants,
> plaintiffs' concerns about future harm are speculative and dependent
> upon the criminal actions of third parties. Mot. Dismiss at 13-15"
>
> The court, however, disagrees:
> "Plaintiffs allege that because TSA violated ยง 552a(e)(10) by failing
> to establish safeguards to secure the missing hard drive, they have
> suffered an injury in the form of embarrassment, inconvenience, mental
> distress, concern for identity theft, concern for damage to credit
> report, concern for damage to financial suitability requirements in
> employment, and future substantial financial harm, [and] mental
> distress due to the possibility of security breach at airports."
> Compl. 41-42. As such, plaintiffs' alleged injury is not speculative
> nor dependent on any future event, such as a third party's misuse of
> the data.12 The court finds that plaintiffs have standing to bring
> their Privacy Act claim."
>
> For details 
> see:https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2007cv0855-6http://cyberlaw.stanford.edu/node/5734
>
> The outcome of this could have far-reaching implications for the
> future data leaks involving PII.
>
> _______________________________________________
> FDE mailing list
> [EMAIL PROTECTED]://www.xml-dev.com/mailman/listinfo/fde

_______________________________________________
FDE mailing list
[email protected]
http://www.xml-dev.com/mailman/listinfo/fde

Reply via email to