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The Biggest Privacy Developments Of 2021: CPW’s Kristin Bryan Talks To Law360


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Law360 recently covered the top privacy developments of 2021 and
CPW’s Kristin Bryan provided her
insights regarding data privacy and cybersecurity litigation
[Note: for CPW’s 2021 Year in Review on Financial
Privacy Litigation trends, go here].  You can check out the entire Law360 article
here.  From the article:

In TransUnion v. Ramirez , the high
court in a 5-4 June decision found that only the members of a
certified class who had alleged that TransUnion provided
misleading credit reports on them to third parties had demonstrated
the concrete reputational harm necessary to press forward with
their claims and seek damages under the Fair Credit Reporting Act,
while those who hadn’t alleged such disclosures were barred
from proceeding.

The ruling narrowed instances in which consumers can bring
privacy claims under statutes like the Fair Credit Reporting Act in
federal court, and will “likely result in an increase” in
the coming months of these matters shifting to state court to avoid
these issues, according to Kristin Bryan, a data privacy and
cybersecurity litigator at Squire Patton Boggs.

Attorneys will also be watching to see what impact the
TransUnion decision has on plaintiffs’ ability to press data
breach litigation, which hinges on the assertion that consumer data
has been taken but not yet misused.

Some experts predicted that the number of data breach cases
filed in federal court would decline following TransUnion, based on
the Supreme Court’s assertion that “the mere risk of
future harm, standing alone, cannot qualify as a concrete
harm,” Bryan noted. However, that trend has yet to
materialize, as “most courts so far have avoided directly
applying the case in the cybersecurity context,” Bryan
said.

“It is anticipated going into 2022 that there will be more
cases holding, consistent with TransUnion, that plaintiffs who
allege only that they are at risk of future risk of identity theft
or fraudulent charges on their accounts as a result of a data
breach lack Article III standing,” she added. “This area
of the law will continue to develop going forward as the impact of
TransUnion plays out in the lower courts.”

For more on this, stay tuned.  CPW will be there to keep
you in the loop.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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