The District of Columbia Circuit Finds Article III Standing Based on the Risk of Future Identity Theft in In re U.S. Office of Personnel Management Data Security Breach Litigation

This Note examines the D.C. Circuit’s decision in In re U.S. Office of Personnel Management Data Security Breach Litigation and argues that an increased risk of future identity theft constitutes a sufficiently concrete injury for Article III standing in data breach cases. Analyzing Supreme Court standing doctrine, including Clapper v. Amnesty International USA and Spokeo, Inc. v. Robins, as well as the existing circuit split, the Note contends that victims whose sensitive personal information has been compromised face a substantial and non-speculative risk of future harm. The Note further argues that recognizing standing is necessary to hold organizations accountable for inadequate data security practices and to incentivize stronger protection of consumer information. It concludes that statutory remedies alone cannot overcome Article III limitations unless courts recognize the risk of future identity theft as a cognizable injury.[This abstract was written by Microsoft Copilot, a generative artificial intelligence.]