The Yale Law Journal

Alicia Solow-Niederman

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Beyond the Privacy Torts: Reinvigorating a Common Law Approach for Data Breaches

Alicia Solow-Niederman

While data breaches continue to roil the headlines, regulation and legislation are unlikely to provide a timely solution to protect consumers. Rather than rely on statutory claims or the privacy torts to protect consumer data, this Essay suggests that courts should recognize how contemporary transac…