Question
Brazos Higher Education Service Corporation, Inc., was a nonprofit student loan company. Brazos allowed one of its employees to store customers personal financial information on
Brazos Higher Education Service Corporation, Inc., was a nonprofit student loan company. Brazos allowed one of its employees to store customers personal financial information on a laptop with an unencrypted hard drive. The laptop was subsequently stolen from the employees home during a robbery. Brazos had no way of knowing which customers information was contained on the laptops hard drive or whether the information would be accessed by a third party. As a precaution, Brazos notified all of its customers that their information may have been accessed by a third party and offered each customer six months of identity-theft monitoring. One customer, Guin, brought suit against Brazos for negligence, claiming that Brazos had failed to adequately protect his financial information, thereby causing Guin harm. Guins information was never accessed by a third party, and Guin never suffered identity theft. How might other businesses be affected if Guins lawsuit succeeded? Do you think Brazos was wrong to store its customers financial information on an unencrypted laptop hard drive? [Stacy Lawton Guin v. Brazos Higher Education Service Corporation, Inc., 2006 U.S. Dist. LEXIS 4846 (2006).]
For each assigned case, analyze the issue based on the following criteria:
e. Identify the parties involved in the case dispute (who is the plaintiff and who is the defendant).
f. Identify the facts associated with the case and fact patterns.
g. Develop the appropriate legal issue(s) in question (i.e., the specific legal issue between the two parties).Provide a judgment on who should win the case - be clear.
h. Support your decision with an appropriate rule of law.
i. Be prepared to defend your decision and to objectively evaluate the other points of view.
j. Purpose
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