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notifications due to the law’s strict breach reporting requirements.70 More
than a dozen organizations had breaches involving more than 100 million
records each.71 One breach involved 1.1 billion records of India’s national
identification database.72 Criminals were offering access to people’s
personal data for a fee, as well as software that could print out identification
cards necessary for certain government services.
Marriott announced a breach of 500 million records. The breach began
in the Starwood hotel chain’s system back in 2014. Marriott acquired
Starwood in 2016, but the breach wasn’t discovered until 2018.73 The
hackers used a Trojan horse, which allowed them to remotely access the
system. The hackers were able to gain access to credit card data and
passport numbers, which unfortunately were unencrypted.74
In 2019, the number of breaches increased by more than 50 percent from
the past four years.75 As early as August 2019, the year was proclaimed to
be a “landmark” year.76 According to Risk Based Security: “On May 2,
2019, we hit a data breach milestone. The Cyber Risk Analytics research
team added the 40,000th breach entry to our ever-expanding data breach
database.”77 Continuing the trend, 2019 was labeled “the worst year on
record” for data breach activity—“more breaches reported, more data
exposed, and more credentials dumped online.”78
Early in the year, a large treasure trove of 773 million email and 21
million passwords were posted in a hacker forum online. The data was
called “Collection #1.”79 Hackers obtained 20 million records from the
American Medical Collection Agency (AMCA). Due to the anticipated
costs of the data breach, AMCA filed for bankruptcy protection, an ironic
move because its business was debt collection.80
In the fall of 2019, the FBI warned: “Ransomware attacks are becoming
more targeted, sophisticated, and costly, even as the overall frequency of
attacks remains consistent.”81 Even worse, a new form of ransomware
emerged. Unlike ransomware that just locks up your files, this new type of
ransomware attack (dubbed “double extortion”) also threatens to release
personal data to the public.82 When organizations refused to pay ransoms
late in 2019, hackers behind Maze ransomware started posting the personal
data online.83
A NEVER-ENDING SAGA
The saga over the past 15 years reads like a Shakespearean tragedy. Or,
perhaps more aptly, it has the plot of a typical work of Franz Kafka—things
start out badly, then get worse.
The Privacy Rights Clearinghouse, a public interest organization, keeps
a database of publicly reported data breaches. When this manuscript was
finalized, more than 9,000 data breaches have been reported involving more
than 11.6 billion records.84 There are many other organizations keeping
track, and their numbers are just as ugly—if not uglier.
The numbers fluctuate each year, but the general trend is more breaches
and compromised records with no improvement in sight.85
 
TABLE 2.1 A CHRONOLOGY OF DATA BREACHES BY THE PRIVACY RIGHTS
CLEARINGHOUSE
Year
Number of
Reported Breaches
Number of
Records Compromised
2005
136
55,101,241
2006
482
68,580,749
2007
455
149,957,907
2008
355
130,896,900
2009
270
251,575,814
2010
801
140,937,393
2011
793
447,901,379
2012
885
298,766,788
2013
889
158,787,838
2014
868
1,313,623,460
2015
540
318,795,437
2016
822
4,815,010,518
2017
766
2,048,397,757
2018
668
1,369,452,404
2019
stats not yet available
stats not yet available
2020
stats not yet available