The differences between non-disclosure, exfiltration and notice – a court’s view

The differences between non-disclosure, exfiltration and notice – a court’s view

By David Kessler and Sue Ross Although there is scant case law on the question, it is generally accepted that it is not a violation of one’s duty not to disclose information if it is stolen from you.  Put another way, disclosure is an affirmative act, and, absent an affirmative duty to protect information from unauthorized access, theft of information is not a violation of a duty not to disclose.  This question, however, was at the heart of the …