Compliance » Is Fear Of Data Breach Injury Grounds For A Lawsuit?

Is Fear Of Data Breach Injury Grounds For A Lawsuit?

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August 29, 2017

Can someone whose information was stolen sue over fear of future injury even where there is no evidence an actual injury has occurred? A recent decision from the Court of Appeals for the DC Circuit further deepens a split on this question and enhances the chance it will eventually reach the Supreme Court, according to an article in Business Insurance. In Chantal Attias et. al. v. CareFirst Inc. et al., a three-judge panel reversed a district court and reinstated the case of a plaintiff whose medical information was stolen but who had not been able to claim any specific injury. The court reasoned that even though social security numbers had not been stolen, the risk of future injury due to such things as medical mixups or insurance problems was sufficient to allow the case to go forward. Although a judicial consensus seem to be tilting in this direction, appeals courts have gone both ways and this decision is said to increase the likelihood the issue will eventually reach the Supreme Court.

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