In Re: U.S. Office of Personnel Management Data Security Breach Litigation

Cyberattackers breach federal gov’t database, obtain copious amount of sensitive info on 21 million current and former gov’t employees and people who applied to work for the gov’t. Did the feds willfully fail to establish appropriate data security safeguards? D.C. Circuit (over a dissent): Plaintiffs who made statutory claims can proceed. Plaintiffs who made constitutional claims cannot proceed, however. If there is a constitutional right to informational privacy, it would apply only to intentional disclosures, which aren’t alleged here.

Tags: 2019, D.C. Circuit, Privacy, Standing

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