Connecticut State Courts Address the Definition of “Injury” in the Data Breach Context
The question of what constitutes "injury" in the wake of a data breach has been a topic of recent debate. Connecticut courts recently addressed the issue in the context of a general liability insurance policy in Recall Total Information Management v. Federal Insurance Company. Consistent with existing case law addressing data breaches in contexts other than insurance disputes, the Court held that neither the fact of the lost data nor the triggering of notification statues rose to the level of actual injury, and that evidence of the data having been accessed or of some other tangible harm is required.