Josh Mooney Interviewed on PA Superior Court Ruling
Josh Mooney, Co-chair of the Cyber Law and Data Protection Group, was interviewed by The Legal Intelligencer regarding the The Pennsylvania Superior Court's recent ruling that the University of Pittsburgh Medical Center did not owe a legal duty to protect its employees' electronically stored personal and financial information.
"I think the court's holding should send a clear signal to employers: While Pennsylvania, at this time, does not have a common-law duty for employers, that doesn't give employers license to stick their heads in the sand," Josh said.
Josh also noted that the decision was evidence of judicial restraint in an area that does not need court intervention through the creation of a new common law duty: “There is certainly a slew of economic and other legal reasons" for companies to safeguard data, Josh said, noting that breaches can invite regulatory scrutiny and cause damage in the marketplace. "The court didn't see the need to create another economic incentive by allowing plaintiffs to go after an employer for a data breach."
Josh added that the cybersecurity concerns raised in the case represented “a cause that the state legislature could take upon itself, and the court recognized that fact.”
The full article is available here. (subscription required)
You can also read Josh's alert, "PA Court Denies Common-Law Duty of Employers to Safeguard Employee Information."
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