DATA PRIVACY CLASS ACTIONS
CD: Could you provide an overview of recent developments in data privacy class actions? How would you describe recent activity?
Boedeker: Data privacy class actions have gained prominence in recent years as individuals and consumer groups seek legal remedies for the misuse or mishandling of their personal data by corporations and organisations. There have been several recent developments of note. First, data breaches and high-profile incidents have raised public awareness about privacy rights. This increased awareness has led to a rise in the number of data privacy class action lawsuits. Second, many jurisdictions started to implement new, or update their existing, data protection laws to enhance individuals’ rights and provide avenues for legal action in case of privacy violations. These legal frameworks have facilitated the filing of data privacy class actions. Third, major data breaches have led to a wave of class actions resulting in substantial settlements. For example, Equifax agreed to pay up to $700m to settle a class action lawsuit related to a massive data breach. Meta Platform Inc. has agreed to a $725m class action settlement resolving claims that Facebook shared or otherwise made accessible to third parties Facebook user data. TikTok settled a class action case for $92m for various privacy claims made under state and federal law. And Google reached a $7.5m settlement in a class action lawsuit over privacy violations associated with its Street View service. Lastly, another noteworthy new development, though not directly related to class actions, is that regulatory bodies and data protection authorities have taken action against companies for privacy violations. These actions may influence the landscape by setting precedents or leading to increased public awareness and subsequent class action filings.
Jul-Sep 2023 issue
BRG