2015 Articles

The Data Security Governance Conundrum

Davis, Thad A.; Wong, Michael Li-Ming; Paterson, Nicola M.

Data breaches and cyber attacks continue to represent increasingly sophisticated threats to corporations of all shapes and sizes. Recent, high-profile data losses and vulnerabilities have prompted heightened regulator, enforcement agency, plaintiff, and public scrutiny of boardroom preparedness.
This Article examines the cybersecurity and cyber attack landscape and identifies core dilemmas that boardrooms face in the current environment. It also explores the various approaches, and examines recent watershed case law on the data breach question. This Article draws guiding principles for compliance from more established regulatory schemes to inform best practices guidance and a flexible, scalable corporate data and cyber-compliance framework.