Estimating Harm in Invasion of Privacy and Data Breach Disputes

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The authors discuss the recent developments in the UK and the US in invasion of privacy and data breach cases.

Recent litigation trends in the UK and the US indicate two clear categories of data claims: invasion of privacy cases and data breach cases. In the case of an invasion of privacy, a consumer’s personal data is allegedly misused by the provider of a service or product that collects the data. In the case of a data breach, personal data are compromised as a result of unauthorised third parties accessing the data.

In this chapter, the authors provide a general overview of the recent developments in the UK and the US in invasion of privacy and data breach cases, and discusses methodologies that frequently have been used by the plaintiffs to estimate damages.

This chapter was originally published in the International Comparative Legal Guide to: Class and Group Actions in November 2021.


The views expressed are solely those of the authors, who are responsible for the content, and do not necessarily represent the views of Cornerstone Research.

Estimating Harm in Invasion of Privacy and Data Breach Disputes

Authors

  • New York

Vildan Altuglu

Vice President

  • London

Vikram Kumar

Principal

  • Boston | London

Vivek Mani

Principal

  • London

Sinan Corus

Manager