It’s becoming increasingly difficult to prove that a particular data breach caused a customer’s particular harm. After all, that harm could have come from the loss of data from a different source. It’s also getting irritating seeing companies that have no idea how to protect data or are simply too cheap to do so.

Would a strict liability standard fix this? Strict liability means that a person is legally responsible for the consequences of an activity even in the absence of fault or intent. In this case, it would mean that if a company held customer data and that data was subsequently stolen, the company would be liable – no ifs, ands, or buts.

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