Damages Still Required for Data Breach Litigation

With the continuing escalation of data breaches, many believe that private litigation in this area will explode over the coming months. In a recent decision in New York, however, a federal judge ruled that JetBlue Airlines passengers will not be able to recover based on the Airlines' unauthorized disclosure of passenger data to companies working on a federally-funded study of aviation security. The court held that, even though JetBlue violated its own privacy policy, passengers would still be required to show that they suffered harm as a result of the breach . . . and in this case they could not, the court concluded.

Posted by Merrill Baumann

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