Hospital Technology: Privacy Counsel Comments on Liability Exposure for Marriott Breach

Dec 3, 2018

What are some of the possible legal ramifications for this data breach?

Paige Boshell, managing member of Privacy Counsel: “In the U.S., the breach will likely attract scrutiny from the Federal Trade Commission and state attorneys general. According to Marriott’s statement, law enforcement is already involved, although this appears to be an external hack (rather than criminal activity by Starwood or Marriott). The availability of consumer remedies by law suits (including class actions) will depend on the fact of the breach and the non-discovery of the breach, and whether or not Starwood and/or Marriott was deficient in their security practices. More importantly, the actual occurrence of harm to consumers (such as credit fraud or identity theft) may determine the availability of this redress. It may, however, be a mitigating factor if Starwood’s security practices were less reasonable and Marriott’s more stringent and Marriott may receive the benefit of any doubt for having found and resolved the attack; it will all depend on the facts as they unfold.”

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Original article published by Hospitality Technology.

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