Jul 022012
 July 2, 2012  Posted by  Breaches, Court

Christopher Wolf writes:

Two recent federal cases alleging privacy violations in the mobile context have been allowed to proceed based on novel damages allegations.  While neither cases recognized a property interest in personal information per se, the courts allowed cases involving mobile devices and alleged privacy violations to proceed, finding allegations sufficient that  (a) the plaintiffs paid more for their devices than they would have paid had they known their personal information would be misused, and (b) that the battery and data usage costs arising from unwanted collection and sharing of personal information constitutes actionable damages.  Thus, these cases may open the door for more novel indirect financial injury claims arising from the allegedly improper collection and use of personal information.  The long-standing presumption that mere exposure of personal data is insufficient for standing and damage actions may become irrelevant if plaintiffs are able to link the exposure to increased costs of device usage.

Read more on Hogan Lovells Chronicle of Data Protection.

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