Legislation Afoot To Guard Against Target-Type Consumer Data Leaks

February 12, 2014 – In The News
New Jersey Law Journal

Scott L. Vernick was quoted in the New Jersey Law Journal article, "Legislation Afoot To Guard Against Target-Type Consumer Data Leaks." Full text can be found in the February 12, 2014, issue, but a synopsis is noted below.

In the wake of the massive security breach that compromised the information of tens of millions of Target shoppers, numerous lawsuits have arisen and legislation aimed at protecting consumers from similar catastrophes has been proposed.

A bill introduced recently in the New Jersey State Assembly would enhance notice requirements and also provide free credit reports to victims, adding to the requirements the state already has in place regarding notification following a breach.

Scott L. Vernick, a noted privacy attorney and partner at Fox Rothschild, calls the measure an understandable reaction but cautions against putting the burden on businesses, which could potentially drive them out of the state.

Vernick noted that many companies already provide the free credit reports called for in the bill and that a “one size fits all approach” will not work. “What you can expect of an Amazon or an eBay is different from what you can expect of a small business that just happens to do a lot of online activity.”