Re: [Dataloss] follow-up: Man loses fight against firm that suffered data breach

[Jeffrey Walton <noloader () gmail com>]

I can't take it anymore....

<RANT>
> "In short, plaintiff does not claim that his personal information has in
> fact been stolen and/or his identity compromised," US Magistrate Judge
> Frederick R. Buckles wrote in a decision dismissing the case. "Rather,
> plaintiff surmises that, as a result of the security breach, he faces an
> increased risk of identity theft at an unknown point in the future."
That's like saying, "There's no proof that the theif who broke into
the safe and stole the money will actually spend the money." Give me a
break. I can only hope the Judge Buckles and his family can enjoy
being the victim of a data loss.
</RANT>

Jeff

On Sat, Dec 5, 2009 at 5:20 PM, security curmudgeon
<jericho () attrition org> wrote:
> http://www.theregister.co.uk/2009/12/03/data_breach_plaintiff_loses/
>
> Man loses fight against firm that suffered data breach
> Harm? What harm?
> By Dan Goodin in San Francisco
>
> A Missouri man has lost his legal battle against an online prescription
> processor that suffered a security breach that exposed highly sensitive
> subscriber information.
>
> John Amburgy alleged that Express Scripts was negligent because it failed
> to adequately safeguard customer data, including names, dates of birth,
> social security numbers, and prescription drug histories. He argued that
> the breach in October 2008 that exposed an unknown number of subscribers'
> details put him at risk of identity theft for which he was entitled to
> compensation.
>
> A federal judge late last month disagreed. For the case to go forward, he
> said, Amburgy had to show his alleged injury was beyond mere possibility.
>
> "In short, plaintiff does not claim that his personal information has in
> fact been stolen and/or his identity compromised," US Magistrate Judge
> Frederick R. Buckles wrote in a decision dismissing the case. "Rather,
> plaintiff surmises that, as a result of the security breach, he faces an
> increased risk of identity theft at an unknown point in the future."
>
> [..]
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Get business, compliance, IT and security staff on the same page with
CREDANT Technologies: The Shortcut Guide to Understanding Data Protection
from Four Critical Perspectives. The eBook begins with considerations
important to executives and business leaders.
http://www.credant.com/campaigns/ebook-chpt-one-web.php