Will standing remain an obstacle to data breach lawsuits in the 7th Circuit?

Jason B. Hirsch reports:

A data breach is an unfortunate event, but one that appears to be happening more and more often. On the heels of such data breaches, courts have been inundated with putative class action lawsuits premised upon a risk of future injury, such as identity theft. In the Northern District of Illinois federal court, however, an increasing number of courts are applying the Supreme Court’s 2013 Clapper v. Amnesty, Inc. decision and dismissing data breach cases because a future injury must be “certainly impending” to confer standing and the mere increased risk of future harm from a data breach is simply too speculative to qualify as “certainly impending.” Two of these rulings are now on appeal, and the 7th Circuit Court of Appeals is now poised to determine whether standing remains an effective defense in data breach lawsuits.

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