Interesting Security Ruling in Minnesota

News.com reported on an interesting ruling recently for a banking security breach in which consumer data was not misused when it was stolen (only the hardware holding the data was wanted during the crime the article says). This seems like a pretty interesting decision since it could be hard to prove misuse, and it greatly lowers the bank's risk  to exposed consumer data it would seem.  It will be interesting if this ruling changes things in the industry.

"In other words, the plaintiffs' injuries are solely the result of a perceived risk of future harm. Plaintiffs have shown no present injury or reasonably certain future injury to support damages for any alleged increased risk of harm. For these reasons, plaintiffs have failed to establish the essential element of damages. Therefore, summary judgment in favor of defendant on plaintiffs' negligence claim is warranted.

"Plaintiffs also bring a claim for breach of contract against Wells Fargo. To establish their claim, plaintiffs must show that they were damaged by the alleged breach. For all of the reasons discussed above, plaintiffs have failed to establish damages. Therefore, summary judgment in favor of defendant on plaintiffs' breach of contract claim is warranted."