The nature of any injury suffered by individuals from a cyber incident continues to be a major issue in data breach litigation.
As we have previously discussed, the Supreme Court has thus far declined to address the issue of Article III standing in the data breach context, resulting in an ongoing circuit split on whether data theft is by itself sufficient to satisfy Article III’s injury requirements. Two federal Courts of Appeals recently grappled with injury requirements in the data breach context.
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This article was republished by the Privacy & Cybersecurity Law Report.