Hacking, Theft, and Corporate Negligence: Making the Case for Mandatory Encryption of Personal Information

Authors

Stephen J. Rancourt

Publication Date

12-1-2011

Document Type

Article

Abstract

Information is being created at an astonishing rate, and the electronic storage of personal data is at the forefront of this growth. Social security numbers, home and email addresses, and financial records are almost universally stored electronically, whether on internal servers, hard drives, or portable devices, such as flash drives and diskettes. The ubiquity of this information has undoubtedly benefitted commerce, but it has not come without drawbacks. As recent evidence suggests, personal information is increasingly vulnerable to hacking and other forms of theft, putting the consumer at serious risk of identity theft and misuse of their personal information. The time has come for a uniform standard to protect this type of data, as well as statutory liability for companies that fail to store this information properly. This Article attempts to show why current statutory and common law is inadequate to solve this problem and makes the case for creating a national standard of encryption for businesses that store personal information.

DOI

10.37419/TWLR.V18.I2.2

First Page

183

Last Page

219

Recommended Citation

Stephen J. Rancourt, Hacking, Theft, and Corporate Negligence: Making the Case for Mandatory Encryption of Personal Information, 18 Tex. Wesleyan L. Rev. 183 (2011).
Available at: https://doi.org/10.37419/TWLR.V18.I2.2