OPM Should Face Revived Data Breach Suit, DC Circ. Told

Law360 (May 21, 2018, 10:26 PM EDT) -- The Electronic Privacy Information Center and dozens of experts are backing a bid to revive multidistrict litigation over a 2015 data breach at the U.S. Office of Personnel Management, telling the D.C. Circuit that the Constitution and recent case law support the ability of plaintiffs to sue federal agencies for failing to protect sensitive data.

The amici curiae brief filed Thursday by EPIC and 44 legal scholars and technical experts takes aim at a D.C. federal judge's September decision to ax litigation against OPM and contractor KeyPoint Government Solutions after concluding that neither group of plaintiffs — the American Federation of Government Employees and 38...

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