US Appeals Court lowers burden of proof for data breach lawsuits

US Appeals Court Lowers Burden of Proof for Data Breach Lawsuits

The 4th Circuit Court of Appeals in Virginia has ruled that publishing data on the dark web alone may be considered damaging.

This decision could increase the stakes for extortion, change the risk assessment for Chief Information Security Officers (CISOs), and expose breached companies to more lawsuits.

Having certain types of data stolen alone is not sufficient to prove damages.

This appellate decision alters the risk calculus of data breaches by easing the ability to successfully sue breached companies in limited situations.

Author's summary: Court ruling changes data breach lawsuit exposure.

more

CSO Online CSO Online — 2025-11-03

More News