Feb 282013
 
 February 28, 2013  Court

Outside of the FISA context, the Court’s decision [in Clapper v. Amnesty International] likely will make it more difficult for private plaintiffs in privacy and data breach litigation cases to establish standing based merely on a dignity interest or potential future harm. The “certainly impending” standard used in Clapper may provide further support for courts to find a lack of standing in privacy and data breach cases lacking evidence of misuse of information and actual financial harm.

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