The Sedona Conference Commentary on a Reasonable Security Test, Public Comment Version

By Patricia Orloff Erdmann, Office of the Indiana Attorney General

The Sedona Conference® and its Working Group on Data Security and Privacy Liability (WG11) recently published the Commentary on a Reasonable Security Test addressing what “legal test” a court or other adjudicative body should apply in a situation where a party has, or is alleged to have, a legal obligation to provide “reasonable security” for personal information, and the issue is whether the party has met that legal obligation. The Commentary includes a summary review of statutes and regulations that require organizations to provide reasonable security regarding personal information, related decisions of courts and administrative tribunals, applicable industry standards, and marketplace information. The public comment period ends on November 18, 2020. The full text is available free for individual download from The Sedona Conference here.

If you would like to submit content or write an article for the Litigation Section, please email Kara Sikorski at ksikorski@indybar.org.