Nextgov on why the lawsuit against OPM over the massive data breach faces an uphill battle and why it is just a stupid waste of governmental resources and burdens the US court system with yet another unnecessary case (emphasis added):
The American Federation of Government Employees says OPM and a contractor violated the 1974 Privacy Act by neglecting to secure employees’ personal data, which resulted in financial and emotional harm.
The failure to protect workers’ data could hold up in court, but demonstrating damages have actually been suffered will be the challenge, legal experts say. The suspected thieves in this situation are foreign government spies aiming for access to U.S. secrets, not financial fraudsters seeking access to people’s bank accounts.
The real harm done for a federal employee or job applicant is now “living for the rest of your life knowing that all of your personal information is in the hands of another country and possibly terrorists, or possibly people that want to do harm to you, your family or the country,” said Cheri Cannon, a partner at federal employment law group Tully Rinckey. “The United States can’t fix that.”
But neither can any lawsuit, said Cannon, a former military attorney who says she’s affected by the breach. AFGE, the country’s largest government employee union, filed suit in U.S. District Court on Monday against the agency, OPM Director Katherine Archuleta, OPM Chief Information Officer Donna Seymour and the contractor, KeyPoint Government Solutions, which conducts background investigations for the government.