District Court in Third Circuit Confirms That, When it Comes to Data Breaches, Actual Misuse Must be Alleged

Aaron C. Garavaglia of Squire Patton Boggs writes:

Every federal lawsuit requires standing for the court to have subject matter jurisdiction to hear the case, and standing requires an injury-in-fact.  As seen from our coverage this morning out of the Second Circuit.

In Derrick McCray v. John E. Wetzel & President, No. 3:20-cv-139, 2021 U.S. Dist. LEXIS 73782 (W.D. Pa. Apr. 16, 2021), a magistrate judge recommended the court grant a motion to dismiss various claims stemming from an alleged data breach.  The plaintiff, a state prisoner, proceeded pro se against the leaders of the Pennsylvania Department of Corrections and an outside vendor that electronically stored certain inmate data.  The plaintiff filed suit after he received a letter that stated the vendor was the victim of a data breach and that some information regarding inmates, including names and driver’s license numbers, may have been exported by a threat actor.

Read more on The National Law Review.

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