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by 8note 550 days ago
i dont think users of whatsapp would have standing against people hacking whatsapp to get their data.

whatsapp owns the systems, so its up to whatsapp to sue

2 comments

The thing of value isn’t in WhatsApp in this case.

You can’t sue a dude for stealing a screwdriver to break into your home with. Your tort is the act against you.

What?

So if someone robs a bank and empties my safety deposit box I can't sue them because it was the bank that had the money, not me?

Well, haven't you heard? The issue with your analogy is: you don't own your data.

(One might argue that it's similar with "your" money ((in the bank)) , but that's not the point)

Different scenario. The bank is a bailor — they have an duty of care for property in their possession that you retain ownership to.

You can sue the thief for stealing your property and the bank for negligent bailment. Same concept as a valet crashing your car.

If someone steals the ownership registry the bank maintains regarding the deposit boxes-- may be the better analogy. Or list of the owner and box number. Clearly this is information the bank controls, not the individual.