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Standing to Assert Claims for Online Privacy Breaches

By Shari Claire Lewis

Many believe that we are on the precipice of a deluge of litigation ' both individual and multiparty/class action ' concerning how an individual's data is handled and the remedy, if any, if that data is misused or wrongfully disclosed. A case recently argued before the U.S. Supreme Court involves the intersection of the Internet and privacy laws and may affect the future of litigation against companies that operate on the Web as well as traditional brick-and-mortar businesses.

The significance of the case, Spokeo v. Robins, No. 13-1339 (U.S.) (the court heard arguments on Nov. 2, 2015), on writ of certiorari from the U.S. Court of Appeals for the Ninth Circuit, Robins v. Spokeo, 742 F.3d 409 (9th Cir. 2014), can be seen from the broad range of amicus briefs that have been filed, including by the U.S. Chamber of Commerce, various banking organizations, publishers, the defense bar, and law professors, among others. Media and technology companies that provide a wide variety of services via the Internet, including eBay, Facebook, Google, LinkedIn, Netflix, Twitter, and Yahoo!, together with several trade associations, filed their own, separate amicus brief (the Media and Technology Brief).

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