In class actions, expert witnesses often receive databases containing the personally identifying information (PII) of millions of people. PII is information that can be used on its own or with other information to identify, contact or locate an individual. Expert witnesses routinely receive highly sensitive PII for their review and analysis. Sensitive PII (SPII) is data that, if lost, compromised or disclosed without authorization, could result in substantial harm or embarrassment to the individual.
The SPII produced to experts includes databases comprised of consumer’s health and financial data, dates of birth, Social Security numbers and account numbers. Some TCPA matters have included the web browser history of the class itself, or the class may be comprised of a highly sensitive group such as prison inmates. This is precisely the type of data protected by federal privacy regulations and state data breach laws.
