Legal Trend: Court Says Data Breach Is a Recognizable Injury for Lawsuit. The Case, a Health Care Lawsuit. 3 Bits Informed Intel.

What class action is progressing?  The suit involving the Anthem Inc. health breach that affected 97 million.

What did the judge do that allowed the class action to move forward? Rejected Anthem’s argument that a data breach is not a recognizeable injury

What does this mean? Courts have split on whether a data breach, with no proof that the stolen data has been used to cause a harm, is enough of an injury to satisfy a lawsuit. The California Judge’s order says it is enough of an injury for a lawsuit under New York’s General Business Law, similar to California’s Unfair Competition Law. 

The Recorder | Judge Rejects Key Defense in Anthem Data-Breach Suits