Taking a stand on standing in data breach cases

At the crossroads of the California Consumer Privacy Act and Article III standing:

  • Plaintiffs continue to test the boundaries of the CCPA’s Private Right of Action for data breaches;
  • Courts, however, are standing firm on Article III standing requirements;
  • That said, the costs of data breaches are rising with increased litigation and regulatory risk, so to reduce the chances of a breach, and to mitigate the effects of any that do occur, businesses should consider carefully reviewing their cybersecurity plans; remaining abreast of the latest threats and regulatory expectations; and engaging in cyber threat information sharing.

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