The answer to your question depends on whether parties have standing to sue as plaintiffs. In order to have standing the plaintiff must be an aggrieved party. If the plaintiffs are individuals their cases would be limited to those data miners that caused their actual damages, and are liable to them for payment of the damages they caused. The plaintiffs would have no right to sue a party (data miner) from which the plaintiff's damages do not arise. This would be true in the cases of both individual civil suits and class actions.

If the aggrieved party is the state or federal government the field of defendants is greatly expanded to include all party defendants that have transgressed the law. Depending upon the remedies provided by the common law or statute, the government may have the right to seek legal money damages and injunctive relief in civil cases or criminal penaties if the statute so provides. An example of this is the civil actions of various attorneys general against the tobacco industry.