While this ruling is not directly related to healthcare breach liability, it does point to a more broad reading of the idea of potential harm and gaining standing in a court with relation to the right to sue and recover potential damages. According to recent rulings, it appears the courts believe liability can result from the simple exposure of the data with no proof of actual harm. The likelihood of real liability exposure from any level of breach is becoming increasingly significant. More on the story below. A recent California federal district court order may prove a massive boon to data breach class action plaintiffs. The Northern District of California order, issued in In re Adobe Systems, Inc. Privacy Litigation, denied Adobe’s motion to dismiss. The court found that the plaintiffs have standing to sue based on their now-increased risk of future harm due to the alleged compromise of their confidential information by hackers who gained unauthorized access to Adobe’s systems.
Posted on: Wed, 14 Jan 2015 01:34:03 +0000
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