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A PRICE TO PAY: DETERMINING THE OPTIMUM PRICE OF DATA
PROTECTION TO ESTABLISH IMMINENT INJURY AND STANDING IN
DATA-BREACH CASES
Katrina B. Do*
I. Introduction
Attention to the modern-day consumer: it's no longer a question of if' your
personal data will be breached, but when your personal data will be breached. In
the new digital age consumers are more inclined to place their trust-and their
financial and personal information1 -into the hands of data-storing companies, such
as Equifax.2 This trust likely stems from a reasonable expectation that companies
will take preventative measures to ensure the safety of their customers' private and
sensitive information.3 Unfortunately, this expectation has become increasingly
unreasonable with the uptick of data-breaches.
The recent Equifax breach, named one of the gravest data security breaches in
history, revealed how flimsy customers' beliefs of data security and privacy can be.4
* J.D. Candidate (May 2019), The John Marshall Law School. I would like to thank my grandmother (my a Ba)
for pouring down love and guidance at every step of my law school career, and my parents for always encouraging
me to explore the world beyond the comforts of home.
1 See Arthur R. Vorbrodt, Article, Clapper Dethroned: Imminent Injury and Standing for Data Breach Lawsuits in
Light ofAshley Madison, 73 WASH. & LEE L. REv. ONLINE 61, 63 (discussing the growing sophistication of online
hackers and noting the dozens of recent commercial data breaches); IDENTITY THEFT RES. CTR., DATA BREACH
REPORTS: 2016 END OF YEAR REPORT 4 (2017) [hereinafter 2016 Data Breach Reports],
https://www.idtheftcenter.org/images/breach/2016/DataBreachReport 2016.pdf; IDENTITY THEFT RES. CTR., DATA
BREACH REPORTS 4 (2015), www.idtheftcenter.org/images/breach/DataBreachReports_2015.pdf.
2 Equifax is one of the nation's three major credit-reporting agencies, which store and analyze
consumers' financial history for credit decisions. CONSUMER FINANCIAL PROTECTION BUREAU, LIST OF CONSUMER
REPORTING COMPANIES (2018).
3 Cristiana Modesti, Note, Incentivizing Cybersecurity Compliance in the New Digital Age: Prevalence ofSecurity
Breaches Should Prompt Action by Congress and the Supreme Court, 36 CARDOZO ARTS & ENT. L.J. 213, 214
(2018).
' Bob Sullivan, Your Social Security Number Isn't a Secret, N.Y. TIMES (Sept. 13, 2017),
www.nytimes.com/2017/09/13/opinion/your-social-security-number-isnt-a-secret.html (arguing Social Security](ViewImageLocal?handle=hein.journals/tcrit13&div=1&collection=&method=preview&ext=.png&size=3)