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Some Evidence Of Harm Hard To Come By - Privacy

Setoguchi v Uber and Simpson v Facebook When widespread data privacy breaches occur, compromised organizations have genuine concern that class action certification is likely to follow. However, two recent decisions illustrate how important it is for claimants to provide sufficient evidence at certification that a class-wide claim for compensable harm actually exists however, the guidance provided by the Supreme Court on what constitutes the evidentiary floor also suggests the merits cannot be wholly ignored. These decisions also illustrate how organizations can mitigate the risk of a successful class action being brought in relation to privacy breaches if they are well prepared and respond

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