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Patricia O'Connell
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Kirk Nahra Comments on Recent Supreme Court Privacy Decision  

July 5, 2016

Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice and co-chair of the Health Care Practice, was quoted in a July 1 Law360 article that reviewed some of the most significant privacy decisions so far this year. Among them was the Supreme Court of the United States’ May 16 ruling in the widely watched Spokeo v. Robins, a case about a data broker that published inaccurate information about a man’s personal and professional life. At issue in the litigation is when and how an individual has “standing” to sue a company in federal court under Article III of the Constitution, in cases that may involve a federal privacy law violation.

In a 6-2 decision, the Justices ruled that to maintain Article III standing, a plaintiff must show that tangible or intangible concrete injury has resulted. The Court remanded the case to the Ninth Circuit to consider whether the plaintiff had pled harm that was concrete.

“The Supreme Court punted on Spokeo, meaning that there will be continuing fights both about its meaning and on the broader standing/injury issue in general,” said Mr. Nahra. The article pointed out that the lower courts have already seen mixed results arising from the decision and attorneys expect this confusion to continue. 

To read the complete article, please click here.