Editors' Note

Welcome to the October issue of Mayer Brown’s Privacy Posts, a newsletter on privacy, security and data protection law that will report and provide commentary on developments and trends that are significant to our clients’ business across the globe. As always, we welcome your thoughts and comments and invite you to contact us with any feedback.

US Courts Continue to Grapple with Article III Standing Issues in Internet Privacy Cases

There has been a recent proliferation of cases brought by consumers claiming various statutory and common law violations by websites and smartphone applications. In response, defendants often argue that the consumers failed to allege any demonstrable, concrete, or particularized harm and, thus, lack sufficient injury-in-fact for Article III standing.

Three recent decisions in privacy cases within the Ninth Circuit illustrate how courts are grappling with Article III standing issues.