Privacy Case Plaintiff Must Prove Actual Harm

The intimate nature of testimony involved in a sexual harassment suit often leaves the plaintiff feeling vulnerable. But during the defense's deposition in a 2006 business tort countersuit against Bonnie Van Alstyne, who had sued her former boss at Electronic Scriptorium Ltd. (ESL) for sexual harassment, the invasion of her privacy reached a whole new level.

Questionable Damage

Actual harm is a common question in determining awards in privacy cases, especially in class action suits alleging a data breach or other failure to protect sensitive information where no one is actually injured.

Associate Editor

Lauren Williamson

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