IRS states taxpayers can’t sue it for data breach
The Irs lately requested a federal judge within the D.C. Circuit to dismiss a putative class action lawsuit suit by taxpayers from the IRS for any data breach captured that affected over 330,000 taxpayers. The Government alleges the court does not have jurisdiction within the claims because the claims are preempted through the IRS Code, which enables taxpayers to find relief from the IRS for unlawfully disclosing tax information. Further, the government claims that it’s immune from liability underneath the doctrine of sovereign immunity.
Finally, the government alleged the taxpayers don’t have standing to file a lawsuit the government as they haven’t yet alleged a real injuries.
The breach is purported to have happened when unauthorized individuals could make use of the IRS’s “Get Transcript” plan to get copies of tax statements. The data breached incorporated the taxpayers’ full tax transcript, demographic information, children’s and spouse’s Social Security figures, W-2s, earnings and financial holdings.
The Government claimed the Get Transcript service continues to be taken lower therefore it can’t be utilized against taxpayers later on.
The Government hasn’t provided any relief to taxpayers who have been victims of filing of fraudulent tax statements, for example fraud resolution or any other minimization, unlike its help individuals impacted by the OPM data breach.