Employee Data Breach: Is It Subject to Workers' Comp?

I just posted a new item to my blog about an ongoing data breach lawsuit in Pennsylvania. Actually, the “data breach” here was nothing technical. Basically, an inmate at a federal prison filed a Freedom of Information Act request, and the government somehow managed to overshare, providing the inmate with personal information about one of the prison guards.

The legal dispute here is over which law applies to the guard’s lawsuit against the government. The guard maintains this is a question of negligence under Pennsylvania law. The government maintains this is actually a workers’ compensation case–which, if true, would actually be a rather interesting way to address these types of breaches in the future.

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Years of litigation ahead on this one.