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Join the Cybersecurity and Incident Response Group on LinkedInWho Has Standing in a Data Breach Litigation? In The Third Circuit, Fear of Speculative Future Harm Still Doesn’t Cut It | Consumer Privacy World
As the number of data breaches continue to rise, so too will the number of lawsuits filed. As CPW previously reported, the number of data breaches in 2020 was more than double that of 2019. One can only wonder what 2021 will bring. Yet with this increase in data breach litigation, a recent opinion within […]
No Breach, No Standing | Data Privacy + Security Insider
A federal judge recently held that mere allegations that a healthcare provider’s patient information portal failed to utilize sufficient security measures, without allegations of an actual breach, were insufficient to confer standing on the plaintiff. The case, Williams-Diggins v. Mercy Health—which was pending in the United States District Court for the Northern District of Ohio—centered […]
In the long run, class actions may not be the best way to redress data breaches
On Tuesday, U.S. District Judge Amy Berman Jackson of Washington, D.C., dismissed two consolidated class actions by more than 21 million federal employees whose most sensitive personal information was exposed in four breaches of Office of Personnel Management databases. Judge Jackson concluded the federal employees could not establish their threshold right to sue in federal court […]