What Happens to Information Stolen in a Data Breach and Why It Matters in Litigation

2015
Joseph H. Wieseman, Alex M. Barfield
Georgia Defense Lawyers Association 2015 Law Journal

This article discusses how the misuse of stolen personal information from a data breach impacts subsequent litigation. As shown herein, federal courts have split on whether a future risk of identity theft constitutes a compensable injury for purposes of standing. Georgia courts have not expressly addressed this split in authority, but the present legal landscape tracks the existing majority view that an increased risk of harm resulting from a data breach is not, in and of itself, a compensable injury. 

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