PogoWasRight.org

Menu
  • About
  • Privacy
Menu

Fourth Circuit Weighs in on Standing in Data Breach Litigation

Posted on July 4, 2018June 25, 2025 by Dissent

Joseph J. Lazzarotti, Jason C. Gavejian and Maya Atrakchi of Jackson Lewis write:

Cybersecurity incidents are on the rise, and so too is data breach litigation brought by plaintiffs who allege they were harmed by the unauthorized exposure of their personal information. Federal circuits across the United States are grappling with the issue of what satisfies the Article III standing requirement in data breach litigation, when often only a “risk of future harm” exists.

The United States Court of Appeals for the Fourth Circuit (“the Fourth Circuit”) is the latest circuit court to weigh in on standing in data breach litigation. In Hutton v. National Board of Examiners in Optometry, the court held that the plaintiffs satisfied the Article III standing requirement by alleging hackers stole and misused their personally identifiable information (PII), even though no financial loss was incurred.

Read more on Workplace Privacy, DataManagement & Security Report.

No related posts.

Category: BreachesCourt

Post navigation

← New York State Education Department’s student data privacy law, Education Law § 2-d, and the Parent’s Bill of Rights for Data Privacy and Security
These Academics Spent the Last Year Testing Whether Your Phone Is Secretly Listening to You →

Search

Contact Me

Email: info[at]pogowasright.org
Security Issue: security[at]pogowasright.org
Mastodon: Infosec.Exchange/@PogoWasRight
Signal: Dissent.73
DMCA Concern: dmca[at]pogowasright.org

Research Report of Note

A report by EPIC.org:

State Attorneys General & Privacy: Enforcement Trends, 2020-2024

Categories

Recent Posts

  • U.S. Plans to Scrutinize Foreign Tourists’ Social Media History
  • ANNOUNCEMENT: EFF Launches Age Verification Hub as Resource Against Misguided Laws
  • FTC Denies Petition from SpyFone App CEO to Vacate 2021 Order
  • Privacy concerns raised as Grok AI found to be a stalker’s best friend
  • PRIVACY—S.D. Cal.: Employee did not waive privacy right in personal email data on company provided laptop, (Dec 5, 2025)
  • EU justice chief draws red line on privacy reforms
  • Kaiser Permanente to Pay Up to $47.5M in Web Tracker Lawsuit

RSS Recent Posts at DataBreaches.net

  • Village of Golf Manor considering paying ransom amid cyberattack (1)
  • Teen who allegedly stole millions of personal data records arrested in Spain
  • Akira ransomware: FBI tallies 250 million in payouts
  • IE: HSE confirms second ransomware attack but ‘no evidence’ patient data was stolen
  • Examining impact of federal relief program after major healthcare cyberattack — Research Brief
©2025 PogoWasRight.org. All rights reserved.