In the absence of actual identity theft or other quantifiable harms, courts have declined to recognize amorphous emotional or dignitary harms from privacy violations as being sufficient to support standing or prove damages as a necessary element of a cause of action. This article, by Sidley lawyers Alan Charles Raul, Edward McNicholas and Jennifer Tatel, assesses the impact of conflicting cases and observes that the majority trend has focused on compensation of concrete harms for privacy violations.
BNA Privacy & Security Law Report
Damages for the Harm of Data Breaches and Other Privacy Claims
September 15, 2008