Law360 (April 26, 2021, 9:04 PM EDT) — The Second Circuit on Monday clarified that the risk of identity theft after a data breach may be grounds to sue, but affirmed the dismissal of a proposed class action against a veteran’s health services company over an accidentally sent email that contained workers’ Social Security numbers, saying it fell short.
In a 21-page opinion, a unanimous three-judge panel held that plaintiffs may establish Article III constitutional standing based on the theory that the breach put them at an increased risk of identity theft or fraud, if the data is sensitive and has been misused or if there is reason to…
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