Episode 15 — Enforcement Framework: Civil vs. Criminal Liability in Privacy Law

Liability is the heart of enforcement. In this episode, we distinguish between civil liability, such as damages from consumer lawsuits or regulatory penalties, and criminal liability, which may arise from intentional misconduct like fraud or unauthorized access. We explore how negligence, fiduciary duty, and unfair or deceptive acts and practices (UDAP) form the backbone of many civil cases. At the same time, we highlight how criminal enforcement is typically reserved for egregious violations involving intent.

By understanding these distinctions, you’ll be able to analyze scenarios that hinge on whether a violation is civil, criminal, or both. This framework is vital for exam questions, as it shapes not only penalties but also which regulators or courts are involved. Produced by BareMetalCyber.com