The Undergraduate Law Review at UC San Diego

This essay will discuss Article III standing in regard to data breaches and expectations of privacy. The topic of standing is introduced in context with precedent court cases Clapper v. Amnesty International and Spokeo, Inc v. Robins, which highlight the limits of legitimacy of injury. These cases are then compared and contrasted to other decisions in recent circuit splits, showing that there is a lot of gray area on the type of injury sustained in a data breach. This article then looks at the current state of privacy domestically, coming to the conclusion that the U.S. needs a stronger national policy for privacy regulation to protect the consumer. Finally, such legislation is discussed, along with proposed solutions that consider the pros and cons of these discussions.