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Standing in Data Breach Cases: Why Harm Is Not “Manufactured”

Posted on March 2, 2021 by pogowasright.org

Daniel Solove writes:

In a recent case, the U.S. Court of Appeals for the 11th Circuit weighed in on an issue that has continued to confound courts: Is there an injury caused by a data breach when victims don’t immediately suffer financial fraud?  I wrote on this issue in an article with Professor Danielle Citron in 2018, Risk and Anxiety: A Theory of Data Breach Harms, 96 Texas Law Review 737 (2018).  (Danielle and I have just completed a new piece on Privacy Harms).  In the article, Danielle and I examined the inconsistent and messy cases and attempted to set forth a coherent approach.

Read more on TeachPrivacy.

Category: BreachesCourt

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