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Not at all
As I wrote, "buyers have a reasonable expectation to purchase a malware-free unit."

I'm less convinced that buyers have a reasonable expectation that no one will see the data on a device they no longer have control over.

I liken it to leaving your wallet in the car when you take it to a repair shop. Do you expect the repair shop to protect your wallet? You may, but you'll be hard pressed to sue the shop if your wallet is stollen--thus all the language about the shop, parking garage, etc. not being "responsible for items left in vehicle" that you see.
Editor
13th Feb 2012