Litigation: Standing Issues in Internet Privacy Cases

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Presented at IAPP 2014 by

Angela Saverice-Rohan, CIPP/US, General Counsel & Chief Privacy Officer, Spokeo Leading people-search-engine Spokeo was sued by an individual claiming that Spokeo’s search results contain incorrect information about him and that Spokeo is a consumer-reporting agency under the Fair Credit Reporting Act (FCRA). His alleged harm was that he was concerned that the incorrect information hurt his employment prospects, but he did not allege that any of his prospective employers actually saw those results. Spokeo successfully moved to dismiss in the trial court, which found the alleged harm too speculative to constitute Article III standing. The 9th Circuit reversed, finding that merely alleging a violation of a federal statute was sufficient to confer Article III standing. Outside the Spokeo case, standing remains a hot-button issue in privacy actions. How have the various theories to establish Article III standing fared? What do those theories suggest for future claims? Join us to hear not only about this potentially precedent-setting case, but also to receive a review of the year’s significant privacy and security litigation.