Fourth Circuit Weighs in on the Evolving Law of Standing in Data Breach Litigation to Hold that Misuse of Stolen Data Confers Standing

While data breach lawyers wait for the U.S. Supreme Court to more clearly define when a hack confers standing on the individual whose personally identifying information (PII) is stolen, the Circuit Courts of Appeals continue to choose sides over a useful standard. On June 12, 2018, the Fourth Circuit weighed in to hold that the individual has standing when the data is actually misused, such as when the hackers open fraudulent credit cards with the stolen PII, and the individual spends time and resources on…
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