Supreme Court Decision Hasn’t Helped to Clarify Standing in Privacy Cases

In May 2016, the U.S. Supreme Court issued its long-awaited opinion in Spokeo v. Robins, addressing the Article III standing requirement. In Spokeo, the Supreme Court found that, in order to have standing, a plaintiff must allege “a concrete injury even in the context of a statutory violation” and not merely a “bare procedural violation, divorced from any concrete harm.” A “concrete injury” must be “real, and not abstract.” Moreover, a “concrete injury” may be intangible where the alleged harm “has a close relationship to a harm that has traditionally been regarded as providing a basis for a lawsuit.”