ADCG on Privacy & Cybersecurity

The "Private Right of Action" Question (with Mark Rasch)

Episode Summary

This week Jerry and Jody have a discussion with Mark Rasch, a recognized authority on cyber and privacy related litigation, regarding the issues surrounding individual enforcement of privacy rights and the concept of a new Private Right of Action in a legislative context. Provision for a Private Right of Action, or the absence thereof, has been identified as a point of contention among those advocating national privacy legislation. It is an issue that must be resolved if national privacy legislation is to be enacted. We discuss briefly the history of private rights of action in the context of privacy law in the United States and explore how private rights of action are treated under proposed and enacted state laws as well as the GDPR.

Episode Notes

Mark Rasch is an Adjunct Professor of Law at George Washington University Law School and had a career at the Department of Justice where he led their efforts to combat cybercrime and high technology crime, which led to the establishment of the Computer Crime and Intellectual Property Section within the Criminal Division of DOJ. He has also served as a chief privacy officer in the private sector.

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Contact us:

Jerry Buckley | jbuckley@buckleyfirm.com

Jody Westby | westby@globalcyberrisk.com

ADCG | info@adcg.org