Recommended Citation
David Golubock,
Remote Workers, Ever-Present Risk: Employer Liability for Data Breaches in the Era of Hybrid Workplaces,
15 Case W. Res. J.L. Tech. & Internet
305
(2024)
Available at:
https://scholarlycommons.law.case.edu/jolti/vol15/iss2/4
Abstract
The years since the onset of the COVID-19 pandemic have seen explosive growth in the number of remote workers, and companies have struggled to cope with a perceived loss of productivity and establish reliable methods of remote access to cope with this influx. At the same time, the last few years have seen a continued rise in the threat of data breaches, as sophisticated groups of malicious actors have targeted businesses and governments, locking systems with ransomware and exposing sensitive company data and employees' personal information. This article aims to examine the intersection between these two trends, examining how an employer’s policies for enabling remote work and monitoring remote employees can significantly impact the employer’s potential liability in the event of a data breach. After surveying the current state of remote work and data breach law, this article examines the potential interplay between remote work and a data breach in a private company through a series of linked hypotheticals, closing with proposals for legislative reform to ensure greater data security and practical recommendations for employers seeking to mitigate the risks created by a remote workforce.