The web is bad enough, when it comes to invasion of privacy, but the Dark Web is something else altogether. In the unique case of Clemens v. ExecuPharm, 2022 U.S. App. LEXIS 24808 (Sept. 2, 2022) (Greenaway, Jr., C.J.), the U.S. Court of Appeals for the Third Circuit had the opportunity of looking at the harm caused to a company employee when her privacy was invaded by the ominous Dark Web.

Jennifer Clemens asked the Third Circuit to reverse the district court’s dismissal of her complaint seeking equitable and monetary relief in connection with a data breach. The breach resulted in the publication of her sensitive personal information on the Dark Web. What exactly the Dark Web is, is a horse of a different color, or should we say a horse with a different web?