The Dark Web and Traceability in Data-Breach Class Actions
Author: Scott J. Hyman.; Genevieve Walser-Jolly.; Jack Altura.; TaeVeon Le.
Source: Volume 42, Number 09, September 2026 , pp.113-120(8)
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Abstract:
As data-breach class action litigation matures, courts and litigants increasingly must wrestle with the truism that data subjects’ data already has been subjected to repeated unrelated data breaches. This breach history of data subjects and of their data affects all aspects of data-breach class action litigation, from Article III standing to typicality to damages, and ultimately, to class certification itself. This article explores judicial treatment of the effect of data subjects’ prior data breaches on data-breach class action litigation.Keywords: Data-Breach Class Action Litigation; Traceability Inquiries; Article III Standing; Class Certification and Injunctive Relief
Affiliations:
1: Womble Bond Dickinson (US) LLP; 2: WBD; 3: Ames; 4: WBD; 5: University of San Francisco School of Law.