{"id":112,"date":"2018-04-09T09:52:56","date_gmt":"2018-04-09T13:52:56","guid":{"rendered":"https:\/\/pbacyber.com\/?p=112"},"modified":"2019-04-12T10:55:52","modified_gmt":"2019-04-12T14:55:52","slug":"cyber-law-pennsylvania-supreme-court-watch","status":"publish","type":"post","link":"https:\/\/pbacyber.com\/index.php\/2018\/04\/09\/cyber-law-pennsylvania-supreme-court-watch\/","title":{"rendered":"Cyber Law: Pennsylvania Supreme Court Watch"},"content":{"rendered":"

By: Josh Mooney<\/a> and Kate Woods<\/a>,White and Williams LLP<\/a><\/p>\n

 <\/p>\n

The body of cybersecurity case law continues to grow. On April 10, 2018, the Pennsylvania Supreme Court is set to hear arguments regarding employers\u2019 liability for data breaches in Dittman v. UPMC<\/em>.<\/p>\n

 <\/p>\n

Specifically, Pennsylvania\u2019s justices will consider and ultimately decide whether UPMC had a duty to safeguard its employees\u2019 electronic information and whether the economic loss doctrine applies, thus barring recovery for purely economic losses.<\/span><\/p>\n

 <\/p>\n

Previously, in Dittman v. UPMC d\/b\/a The University of Pittsburgh Medical Center<\/i>, 2017 PA Super. 8 (Jan. 12, 2017), a divided Superior Court of Pennsylvania, in a case of first impression, held that no separate common law duty exists requiring employers to protect and safeguard employees\u2019 personal and financial information from disclosure in a data breach resulting from a third-party intrusion in its computer network. In a concurring opinion by Justice Stabile, and joined by Justice Olson, the Court wrote that the decision \u201cshould stand for no more than the conclusion that a legal duty was not found to exist under the facts pled in this case.\u201d Agreeing with the trial court\u2019s reasoning, and reflecting judicial constraint, the concurring opinion further exhorted that courts should \u201cestablish precedent slowly and with caution\u201d in the rapidly developing area of law and technology, such as cybersecurity. It also looked to Pennsylvania\u2019s legislature to fill in the gap of law, if any, identified by the claimants in the data breach lawsuit. The Pennsylvania Supreme Court\u2019s decision in this matter will be well-watched throughout the country.<\/p>\n

 <\/p>\n

For prior analysis of the Superior Court and Common Pleas decisions in this matter, see the following:
\nPennsylvania Court Refuses to Impose New Duty on Employers to Protect PII from Data Breaches<\/a><\/p>\n

PA Court: Employers Have No Duty To Protect Employee PI<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

By: Josh Mooney and Kate Woods,White and Williams LLP   The body of cybersecurity case law continues to grow. On April 10, 2018, the Pennsylvania Supreme Court is set to hear arguments regarding employers\u2019 liability for data breaches in Dittman v. UPMC.   Specifically, Pennsylvania\u2019s justices will consider and ultimately decide whether UPMC had a
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