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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