Offshore Outsourcing and Information Confidentiality

While recent news headlines of the past few months have focused on the controversial topic of offshore outsourcing of jobs from the United States to countries such as India, China, and Mexico, other headlines, relating to some of the effects of this phenomenon, have exposed problematic consequences and outcomes. Some of the work moved abroad involves the transfer of large amounts of sensitive data, including financial records, Social Security numbers, and health records. One of the effects of this phenomenon has been the breach of confidentiality and the abuse of those records. While these criminal acts are covered under US and foreign laws, the lack of international convention and agreement (and in some cases the lack of enforcement) has left American consumers exposed, has raised questions of appropriate legal jurisdiction, and has raised the issue of accountability among the parties responsible for the information.