News & Analysis as of

Data Breach Personal Information Damages

DLA Piper

Ireland: GDPR, PIAB, and the Personal Injury Puzzle – The Irish Supreme Court Decides

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The Irish Supreme Court, on 24 July 2025, issued a landmark decision offering greater clarity on non-material damages in the context of privacy claims under the General Data Protection Regulation (GDPR). The judgment in...more

Hogan Lovells

District court pushes class certification over the Brink(er)

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On remand, the District Court held that individual questions predominated regarding whether individuals incurred reasonable expenses or spent time in mitigation of fraudulent charges or data posting, and denied class...more

Alston & Bird

Back from the Brink: District Court Clears Air Regarding Individualized Damages Assessment in Data Breach Cases

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On June 27, 2025, the District Court for the Middle District of Florida, on remand from the Eleventh Circuit, reversed course when it denied class certification to a group of plaintiffs who were purportedly impacted by a...more

Blake, Cassels & Graydon LLP

La Cour d’appel de la Colombie-Britannique confirme l’octroi de dommages-intérêts pour atteinte à la vie privée sans preuve de...

Le 23 avril 2025, dans l’affaire Insurance Corporation of British Columbia v. Ari (décision disponible uniquement en anglais), la Cour d’appel de la Colombie-Britannique (la « CACB ») a confirmé une décision de première...more

Bennett Jones LLP

Legal Uncertainty for Database Defendants? Appeal Courts Assess Privacy Causes of Action With Varying Outcomes

Bennett Jones LLP on

The past year has introduced some uncertainty for institutional defendants facing privacy breach class actions in Canada. While Ontario’s Court of Appeal has been consistent in its approach to class actions against “database...more

Blake, Cassels & Graydon LLP

Show Me the Money: B.C. Court of Appeal Affirms Privacy Breach Damages Without Proof of Consequential Loss

On April 23, 2025, in Insurance Corporation of British Columbia v. Ari, the British Columbia Court of Appeal affirmed a class action judgment awarding aggregate damages of C$15,000 per class member without proof of...more

WilmerHale

Year in Review: Top 2023 Data Breach Litigation Trends

WilmerHale on

One of the main risks that a company faces after a data breach is a potential lawsuit. Plaintiffs often will allege creative statutory and common law theories of harm after they learn that their personal information has been...more

Cozen O'Connor

No Action for Theft of Personal Information Without Loss

Cozen O'Connor on

Theft of personal information does not by itself entitle the victim to damages in Canada; proof of loss or harm is required, the Alberta Court of Appeal held recently in Setoguchi v Uber BV. This, and other recent decisions,...more

Sheppard Mullin Richter & Hampton LLP

Mint Gets Data Breach Claims Dismissed

California federal Judge William Alsup dismissed various claims against Mint Mobile LLC based on a data breach that exposed personal information of Mint customers. Plaintiff Daniel Fraser alleged that Mint, a mobile virtual...more

Dickinson Wright

Damages for Identity Theft? Think Again.

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In this day in age, data breaches are common. Digital extortionists will use sophisticated techniques to obtain confidential and private information of millions of individuals from well-known platforms like Yahoo and Shopify....more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 2. Privacy Briefs: February 2020

Report on Patient Privacy 20, no. 2 (February 2020) - A ruling from Georgia’s highest state court could set a precedent that determines recourse for victims of cyberattacks. The Georgia Supreme Court ruled in late December...more

Dorsey & Whitney LLP

New York Expands Data Privacy Protections

Dorsey & Whitney LLP on

New York continued its active legislative session last week, this time by expanding its data breach notification law. The SHIELD Act (Stop Hacks and Improve Electronic Data Security), signed by Governor Andrew Cuomo on July...more

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