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.


Related:

  • North Country Healthcare responds to Stormous's claims of a breach
  • Gladney Adoption Center had serious data exposures in the past few months. What will they do to prevent more?
  • 70% of healthcare cyberattacks result in delayed patient care, report finds
  • Hackers Can Remotely Trigger the Brakes on American Trains and the Problem Has Been Ignored for Years
  • Back from the Brink: District Court Clears Air Regarding Individualized Damages Assessment in Data Breach Cases
  • Qilin Emerged as The Most Active Group, Exploiting Unpatched Fortinet Vulnerabilities
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

  • Scattered Spider Hijacks VMware ESXi to Deploy Ransomware on Critical U.S. Infrastructure
  • Hacker group “Silent Crow” claims responsibility for cyberattack on Russia’s Aeroflot
  • AIIMS ORBO Portal Vulnerability Exposing Sensitive Organ Donor Data Discovered by Researcher
  • Two Data Breaches in Three Years: McKenzie Health
  • Scattered Spider is running a VMware ESXi hacking spree
  • BreachForums — the one that went offline in April — reappears with a new founder/owner
  • Fans React After NASCAR Confirms Ransomware Breach
  • Allianz Life says ‘majority’ of customers’ personal data stolen in cyberattack (1)
  • Infinite Services notifying employees and patients of limited ransomware attack
  • The safe place for women to talk wasn’t so safe: hackers leak 13,000 user photos and IDs from the Tea app

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

  • White House ordered to restore Medicaid funding to Planned Parenthood clinics
  • California Attorney General Announces $1.55M CCPA Settlement with Healthline.com
  • Canada’s Bill C-2 Opens the Floodgates to U.S. Surveillance
  • Wiretap Suits Pit Old Privacy Laws Against New AI Technology
  • Action against tiny Scottish charity sparks huge ICO row
  • Congress tries to outlaw AI that jacks up prices based on what it knows about you
  • Microsoft’s controversial Recall feature is now blocked by Brave and AdGuard

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.