September 24, 2021

Volume XI, Number 267

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Canon Pushes for Dismissal for Lack of Standing in Data Breach Class Action

We previously wrote about the proposed class-action lawsuit against Canon USA Inc. that resulted from a data breach of former and current employees’ personal information. This week, Canon argued in New York federal court that the plaintiffs lacked standing and that the case should be dismissed. Canon stated in its memorandum of law that lost or diminished value of personal information resulting from a ransomware attack is NOT a cognizable injury that confers Article III standing. Further, Canon argued in its memorandum that the plaintiffs’ allegations merely suggested a future risk of harm; again, not enough to meet the Article III requirements for standing.

In addition to Canon’s argument that the plaintiffs lacked standing, Canon also argued that the plaintiffs failed to state claims upon which relief can be granted. In the complaint, the plaintiffs alleged that Canon acted negligently. However, Canon argues that the complaint did not offer any facts to support that claim.

Further, Canon argued that the invasion of privacy claim also fails since the “intrusion upon seclusion” theory requires intent, evidence of which plaintiffs also failed to provide.

We will watch the plaintiffs’ response and the court’s decision on this issue.

Copyright © 2021 Robinson & Cole LLP. All rights reserved.National Law Review, Volume XI, Number 196
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About this Author

Kathryn Rattigan Attorney Cybersecurity Data Privacy
Associate

Kathryn Rattigan is a member of the firm's Business Litigation Group and Data Privacy + Cybersecurity Team. She advises clients on data privacy and security, cybersecurity, and compliance with related state and federal laws. Kathryn also provides legal advice regarding the use of unmanned aerial systems (UAS, or drones) and Federal Aviation Administration (FAA) regulations. She represents clients across all industries, such as insurance, health care, education, energy, and construction.

Data Privacy and Cybersecurity Compliance

Kathryn helps clients comply...

401-709-3357
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