Document Type




This Note argues that a strict federal data breach notification law would not only appease businesses tired of having to comply with forty-six different state laws but would also increase incentives for businesses to disclose by reducing the cost of compliance and increasing the reputational risk associated with security breaches. Part I of this Note examines the current state of the law by exploring the elements of a data breach notification law. This Part will compare various state laws to the bills considered by the 111th Congress. Part II analyzes lobbyists’ differing perspectives on the possibility of a federal data breach notification law that preempts the state laws currently in place. Taking into account all of these perspectives, Part III draws conclusions regarding the form a federal data breach notification law should take and focuses on giving consumers increased control over the security of their own personal data.



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.