‘First Circuit dismisses Mount Ida student class action, incidentally limits emerging data protection theory’

“… I want only to highlight one important point: the court refused to recognize, in Massachusetts law, a fiduciary duty owed by university to student. The decision comports with multistate norms, but is nonetheless important in limiting an emerging doctrine of data protection in US common law tort. State courts that have recognized something like a data protection right in civil cases have used fiduciary duty to bootstrap their way there. Common law invasion of privacy is too stringent to get the job done, that is, to articulate a data protection right, for various reasons …” (more)

[Richard Peltz-Steele, The Savory Tort, 7 April]

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