The Supreme Court has ruled that a group of U.S. citizens and U.S.-based organizations did not have standing to challenge the constitutionality of a provision within the Foreign Intelligence Surveillance Act (FISA), Hogan Lovells’ Chronicle of Data Protection reports. In 2008, the American Civil Liberties Union (ACLU) challenged the FISA Amendments Act—a provision authorizing the National Security Agency “to conduct dragnet surveillance of Americans’ international e-mails and phone calls without identifying its targets to any court,” according to an ACLU press release. The Hogan Lovells report states, “Outside of the FISA context, the court’s decision 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.”
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