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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: Hannaford

Posted in Cybersecurity & Data Breaches

New Class of Data Security Breach Plaintiffs Possible If Maine Supreme Court Rules That Economic Harm Not Required

“Do time and effort alone, spent in a reasonable effort to avert reasonably foreseeable harm, constitute a cognizable injury under Maine common law?” That is the question a federal district judge in Maine has put to the Maine Supreme Court in the data security breach litigation involiving Hannaford Brothers. “If the Maine Law Court’s answer to the certified question on the cognizable harm issue favors the plaintiffs, the plaintiffs will have both a negligence claim and an implied contract claim.” Such a development could have a profound impact on the vulnerability of companies experiencing data security breaches to civil claims, something they so far largely have avoided.