The U.S. District Court for the Northern District of California has ruled in In Re Adobe Systems, Inc. Privacy Litigation that customers affected by Adobe’s 2013 data breach have standing to sue based on the increased risk of future harm caused by hackers who gained unauthorized access to their personal information. The decision is in some tension with other court rulings that have interpreted the Supreme Court’s ruling in Clapper vs. Amnesty International USA as foreclosing standing where the plaintiffs’ claims were based on the risk of future harm. But the opinion is well reasoned, and may help plaintiffs establish standing in other breach suits.
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