Friday’s U.S. Supreme Court decision, TransUnion v. Ramirez (U.S. June 25, 2021), prompted me to release this cartoon about privacy harms that I created a while ago. In TransUnion, a group of plaintiffs sued TransUnion for falsely labeling them as potential terrorists in their credit reports. The Supreme Court held that only some plaintiffs had standing – those whose credit reports were disseminated. Plaintiffs whose credit reports weren’t disseminated lacked a “concrete” injury and accordingly lacked standing – even though Congress explicitly granted them a private right of action to sue for violations like this and even though a jury had found that TransUnion was at fault.
The TransUnion decision, authored by Justice Kavanaugh for a 5-4 majority, is wrong on so many levels. I wish the Supreme Court had read my recent article draft:
Danielle Keats Citron & Daniel J. Solove
Privacy Harms
forthcoming in B.U. L. Rev.
More background about the article is at my post here. I will write soon about the case.