The 4th U.S. Circuit Court of Appeals ruled plaintiffs' standing when suing over the theft of personal data depends on whether the perpetrators intend on using the data for malicious means, Reuters reports. The appeals court made the declaration in a case involving two military veterans who sued following two separate thefts from a VA hospital in South Carolina where their information was compromised. The three-judge panel stated the two plaintiffs could not properly establish they had suffered concrete or imminent injury from the thefts. The court's determination goes against several court rulings where data breach class actions were able to continue based on the fear of data misuse, but in this particular case, the 4th Circuit said the argument was “too speculative” to establish an “enhanced risk of future identity theft.”
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