Those companies that are debating the wisdom of the data breach notification see the notice more as assigning blame than helping to protect those individuals that have been affected. However, before deciding to adopt the contrary view, it is important to remember the evidentiary impact of the notification. The data breach notification can be considered part of a subsequent remedial measure. As such, it can’t be used against the company issuing the notification for the purpose of proving negligence or culpable conduct.