Join us on Monday, September 20, 2021, as we welcome Ignacio Cofone to the Law Building to discuss privacy standing as a part of our Queen’s Law Talk Series.

Courts struggle with how to identify and assess privacy harm and privacy injuries. This uncertainty has produced a Circuit split (and lower court split) on the requisite privacy injury sufficient for standing, recently addressed by the Supreme Court in TransUnion. This Article suggests a framework that can be used for distinguishing which actions involve harm to people’s privacy interests and which do not. In doing so, it provides courts with needed doctrinal guidance to assess privacy injuries and proposes a solution to the Circuit split. The proposed framework has theoretical and practical benefits. First, it sheds light on the relationship between privacy loss and actionable privacy injuries; it is well-suited for evaluating grey areas by showing how privacy claims can be evaluated on a continuum. Second, it gives courts a tool to identify and navigate privacy harm, which is an increasingly relevant impediment to private rights of action in statutory privacy and which courts have manifested they need.

The event will occur in the Faculty Boardroom, room 515, from 1:00 pm – 2:30 pm. Students who wish to attend virtually can.