DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Who Has Standing in a Data Breach Litigation? In The Third Circuit, Fear of Speculative Future Harm Still Doesn’t Cut It

Posted on March 2, 2021 by Dissent

Aaron Garavaglia and Kristin Bryan of Squire Patton Boggs write:

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 the Third Circuit reminds us of the crucial issue of standing, which is often challenged at the onset of a lawsuit.  In a data breach, when (if ever) does a plaintiff suffer an actual injury?  Is the disclosure of certain categories of information in a breach, such as Social Security numbers, by itself enough, or must (as the majority of courts have held) a plaintiff allege that she was actually the victim of identity theft and fraudulent charges were placed on her accounts?  Clemens v. Execupharm, Inc., No. 20-cv-3383, 2021 U.S. Dist. LEXIS 35178 (E.D. Pa. Feb. 25, 2021) reminds us that the Third Circuit at least requires more than theft or disclosure of personal information for a plaintiff to have standing in a data breach litigation.

Read more on Consumer Privacy World.

Category: Commentaries and Analyses

Post navigation

← Crypto firm Tether says it won’t pay $24 million ransom after being threatened with document leak
Chinese cyber attack foiled: Power Ministry →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Nigerian National Sentenced To More Than Five Years For Hacking, Fraud, And Identity Theft Scheme
  • Data breach of patient info ends in firing of Miami hospital employee
  • Texas DOT investigates breach of crash report records, sends notification letters
  • PowerSchool hacker pleads guilty, released on personal recognizance bond
  • Rewards for Justice offers $10M reward for info on RedLine developer or RedLine’s use by foreign governments
  • New evidence links long-running hacking group to Indian government
  • Zaporizhzhia Cyber ​​Police Exposes Hacker Who Caused Millions in Losses to Victims by Mining Cryptocurrency
  • Germany fines Vodafone $51 million for privacy, security breaches
  • Google: Hackers target Salesforce accounts in data extortion attacks
  • The US Grid Attack Looming on the Horizon

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • California county accused of using drones to spy on residents
  • How the FBI Sought a Warrant to Search Instagram of Columbia Student Protesters
  • Germany fines Vodafone $51 million for privacy, security breaches
  • Malaysia enacts data sharing rules for public sector
  • U.S. Enacts Take It Down Act
  • 23andMe Bankruptcy Judge Ponders Trump Bill’s Injunction Impact
  • Hell No: The ODNI Wants to Make it Easier for the Government to Buy Your Data Without Warrant

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.