Data Breach: No Injury-in-Fact, Case Dismissed
It well known that there are, unfortunately, many data breaches that frequently put private citizens’ data privacy in jeopardy. States have passed a variety of statutes aimed at addressing this problem in an attempt to provide data breach victims with some form of redress. Nonetheless, even where there has been a data breach, a plaintiff must meet certain requirements in order to have standing to bring a lawsuit in an Article III court. One such requirement, as the case described in this article illustrates, is that a plaintiff must have sufficiently pleaded injury-in-fact in his or her complaint.
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