As cyber criminals continue to expand their illegal activities, the issue of real injury from a hacking event comes even more into focus in the ensuing court cases as damages are determined and millions of dollars are awarded to data breach plaintiffs.

In a recent decision, the Supreme Court could have completely altered the landscape of consumer privacy and data breach class action lawsuits in Spokeo, Inc. v. Robins, a closely watched case before the Court last term. Although the underlying dispute in Spokeo involved an alleged violation of the Fair Credit Reporting Act and not a data breach, the case presented a nagging question in privacy law: What kind of injury is sufficient for Article III standing?

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