Ninth Circuit rules unauthorised disclosure of health data confers standing in breach case

The Ninth Circuit held that health plan participants whose confidential health information was disclosed without authorisation have Article III standing, grounded in breach of confidence. The court moved away from the risk-based standing analysis that many courts have applied, creating a split with other circuits. The excerpt is truncated and gives no case name, docket number or specific disclosure details. Defenders and counsel in health data cases should review the full opinion before relying on it.

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