Data Breach of Personal Information - Is a Lawsuit an Option?
Data breach lawsuits generally become valid once the individual suffers damage from the data breach through criminal or civil injuries such as financial information shared and used through identity theft or the loss of income from the online activity. These cases are important to cease the injuries from harming the individual further or to pursue compensation for the loss.
What Is a Data Breach?
There are numerous companies that use data as the primary source of details to either provide customers with valuable products or services or to hold these personal data to increase the experience on the website. Depending on the type of business, the data breach can occur with a hacker penetrating the secure areas of the databases or system. Another data breach can occur through credit and personal details of the individual customers when a person or entity uses certain tools or software to infiltrate the system. These incidents are often at the behest of a specific person seeking to cause chaos or a company or person seeking to breach the data to sell it or use for personal purchases.
How Does a Data Breach Affect the Individual?
The primary harm that a data breach can cause is that of personal information shared to other companies or those seeking to commit internet crimes such as identity theft or fraud. These personal details usually consist of credit card numbers, social security numbers, phone and address info and the personally identifiable data that connects to the accounts of the customer. The harm is often economic such as the theft of funds from a credit or bank card. However, the hacker or infiltrating entity can sell the details and share them with numerous others which could inflict harm multiple times.
The Malicious Attack
The initial beginning of suing for a data breach is through a malicious attack against the company that holds the personal information of the customer or client. In this attack, the data is either copied or stolen and used at some point for identity theft or fraudulent activities. If the attacker has the personal details and uses them to purchase items, it is often difficult to refute the matter if the victim does not claim identity theft before the activity occurs. However, by claiming this issue, he or she may have a better chance of avoiding the injury or preventing further injury.
The Data Breach Injury
It is possible to sue the company that holds the data when the victim is able to prove that the security measures were lacking the necessary strength to prevent a reasonable attack. The data breach is often preventable when the business housing these data profiles uses software and hardware that are sufficient in protecting the information through standard and even multiple attacks. By hiring hacking professionals to test the strength of these measures, the company can prevent numerous incursions. The claim against the entity is valid when these measures are insufficient in a reasonable or standard breach of security
Suing the Responsible Party
The person that causes the breach and uses the information for identity theft or fraudulent activity usually will remain anonymous or unavailable to pursue a case against. However, for negligence or the inability to keep the information safe in the company, the business may face a lawsuit for the damage that the data breach caused. There are certain steps that are reasonable which the judge may hold against the plaintiff if he or she fails to accomplish these tasks. When attempting to sue the company, the individual will need a lawyer to help prove negligence with the data breach. This could also include demonstrating the lack of appropriate security measures.
Reasonable Actions of the Plaintiff
When affected by a data breach, the victim will need to perform certain actions such as canceling credit cards, contacting the back and changing account numbers and changing passwords with various accounts. These tasks are important to minimize the effects of the data breach, and the judge may decrease possible compensation awards for the inability to accomplish these actions. Without performing the necessary action, the plaintiff may see further injury occur.
Legal Help to Sue for a Data Breach
The plaintiff will need a lawyer experienced in intellectual information and online data breaches with secure websites. Without full awareness of how to sue and when it is appropriate, the victim may have fewer chances in seeking all reasonable compensation owed for the breach with the responsible company.