Data Breach

Data Breach

Your data and personal information have immense significance. It’s become critical to share that information to take full advantage of the modern commercial and financial systems. However, the value of this data and information has made it a tempting target for dishonest parties. It’s the responsibility of the parties using and holding your data to protect it from possible breaches. When they fail to do so, you may be able to hold them responsible with the help of an experienced data breach attorney from Shay Legal APC.

Risks of a Data Breach

Your data has significant value. Therefore, there are many people who are willing to risk the possibility of legal consequences to steal it. The value of stealing that data usually comes at a direct loss to you, which is why it’s so important that it be protected. A data breach could be detrimental to your finances, privacy, and reputation. Some of the risks of having your data exposed in a breach include:

• Fraudulent action in your name
• Identity theft
• Financial losses
• Exposure to phishing and scams
• Cybersecurity risks
• Reputational damage

If it can be established that the party charged with protecting your data exhibited negligence, which caused the breach, you may be able to file a civil claim. A data breach attorney could help you file such a claim and pursue compensation for the damages you suffered.

How a Data Breach Attorney Can Help With Your Case

If you learn that your data has been exposed in a data breach, it’s critical that you speak with a data breach attorney. These are often complex situations, and it can be difficult to determine what laws apply to your specific case. At Shay Legal APC, we can investigate your circumstances and advise you as to what laws may apply to you. We can also help you understand your options so that you are able to make an informed decision on how you would like to proceed. 

After you make a decision, we can represent and advocate for you through whatever path you decide to take. It’s likely that the legal process would begin with a process of negotiation. Both parties can often benefit by avoiding the uncertainty and time involved in taking a claim through the entire legal process. When we are able to negotiate on your behalf, the other side often realizes that going to court is a likely possibility. This can sometimes lead to more willing participation in the negotiation process. 

It’s possible that a fair settlement won’t be reached in negotiation, and in that case, it may be necessary to take the claim through the litigation process. If that’s the case, we will be prepared to use the findings of our investigation to make a formidable argument on your behalf. We fiercely pursue the justice that our clients deserve, whether in negotiations or before the court.

FAQs

Q: What Are Some Common Forms of Data Breaches?

A: Data breaches can occur in a variety of different ways. In many cases, there is malicious intent behind the breaches. However, vulnerability to these breaches could be a result of negligence and human error on the part of individuals and companies involved. Some of the most common pathways to a data breach include:

• Cyberattacks
• Insiders Stealing Data
• Third-Party Breaches
• Systems Not Operating or Being Implemented Properly
• Software Weakness
• Employee Mistakes
• Physical Theft or Misplaced Physical Property

Q: What Regulations Apply to Data Breaches?

A: There are a wide array of regulations and laws, both federal and California-specific, that could be applicable to a data breach. Therefore, it’s critical that you speak with a data breach lawyer who can help you understand what laws may be applicable to your particular situation. Some of the laws that apply at a federal level include:

• HITECH Act – Health Information Technology for Economic and Clinical Health Act
• HIPAA – Health Insurance Portability and Accountability Act
• GLBA – Gramm-Leach-Bailey Act
• FTC Act – Federal Trade Commission Act
• FERPA – Family Educational Rights and Privacy Act

Some applicable California laws include:

• CCPA – California Consumer Privacy Act
• CalOPPA – California Online Privacy Protection Act
• California – Data Breach Notification Law
• CPRA – California Consumer Privacy Rights Act

Q: What Is the Statute of Limitations in a Data Breach Case?

A: The statute of limitations for filing a data breach claim depends on the law that applies to your specific case. In some cases, the statute may be as little as one year from when the breach occurred, so it’s critical that you contact a data breach attorney soon after you become aware of the breach. In some situations, the statute of limitations will begin once you discover the breach, so long as it is discovered within the time frame that a reasonable person would have discovered the breach by due diligence.

Q: What Should I Look for When Choosing a Data Breach Attorney?

A: Data breaches can be highly technical and are a nuanced part of the law. Therefore, when deciding on an attorney, it’s beneficial to ensure you find someone who has technical knowledge of the law and data management, along with experience with data breach cases.

Let a Data Breach Attorney Help You Seek Compensation

Modern commerce and the use of internet platforms and applications require critical data and personal information to be put in the hands of others. Unfortunately, this exposes internet users to a certain level of risk. Institutions are required to protect the personal data they’re given, but data breaches can still occur. Depending on the data available, these breaches expose individuals to many types of problems, from identity theft to reputational damage.

You are owed a level of compensation from the institutions that fail to properly protect your data and expose it to dangerous risks. A data breach attorney can be crucial to providing you with a strong opportunity to receive that compensation. At Shay Legal APC, we understand the unique nature of data breaches and the related laws. If your data has been exposed in a breach, we may be able to develop a legal strategy to help you obtain fair compensation. Contact us today to discuss your options.