David M. Brown of Montgomery McCracken Walker & Rhoads LLP writes:
The U.S. Supreme Court’s decision in Clapper v. Amnesty International USA, 133 S. Ct. 1138 (2013), continues to be relied on by federal courts to hold that “mere loss of data” or “increased risk of identity theft” in a data breach case does not constitute an injury that confers constitutional standing.
In re Science Applications International Corp. Backup Tape Data Theft Litigation, Misc. Action No. 12-347(JEB), — F. Supp. 2d —, 2014 WL 1858458 (D.D.C. May 9, 2014), involved the theft of a GPS system, stereo, and several data tapes from a parked car. The tapes belonged to an employee of Science Applications International Corp. (SAIC), an information-technology company that handles data for the federal government. The stolen tapes contained personal and medical information for 4.7 million members of the U.S. military and their families who were enrolled in TRICARE health care, which provides insurance coverage and health care to service members and their families.
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