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The Evolution of Privacy Breach Litigation

PRIVACY LAW—U.S.

December 15, 2010

On the Concurring Opinions blog, Sasha Romanosky outlines a pattern that has emerged in privacy breach litigation over the past several years. Citing existing analyses on the topic, Romanosky characterizes three types of breach lawsuits--the classic "you lost my data" suits, where the plaintiffs must prove they have been harmed; the "intentional disclosure" suits, where "the legal focus shifts from the plaintiff's harm to the defendant's behavior," and the increasingly common "unauthorized collection" suits, where plaintiffs claim that organizations "knowingly and willfully collected their personal information." The categories "tell an interesting story of how the landscape of privacy breaches and breach litigation is evolving," Romanosky writes.
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