We trust banks, healthcare facilities, credit card companies, even the government to protect our sensitive information, but it seems like every other month, there’s another data breach involving large entities.
Now, your social security number is on the Dark Web; you notice multiple fraudulent charges on your credit card, and you’re understandably angry. We agree that affected individuals should be notified if a data breach involves personal information. If you suffered financial losses due to negligent information security, you may have grounds to file a suit against the breached entity. Our data breach lawyer can help you value your damages and assert your data breach rights to fair compensation.
What are data breaches, and how do they occur
A data breach occurs when someone gains unauthorized access to another individual’s sensitive information, such as their social security number, bank account number, and login, passwords to other sensitive accounts, full credit card information and PINs, or protected healthcare information.
Hackers steal sensitive personal data for financial gain. Identity thieves can use your information to open new lines of credit under your name, use your credit cards for purchases or cash withdrawals, take out loans, or commit other types of financial fraud. An identity thief can also file for fraudulent government benefits under your name or even file fake taxes to get a refund!
Data breaches put millions of people at risk of financial ruin. In August 2024, a data breach of National Public Data, a national consumer data aggregator used by companies to perform background checks, resulted in 2.9 billion identity records (including names, email addresses, physical addresses, phone numbers, and social security numbers) ending up on the Dark Web.
How do data breaches happen?
You may do everything right to protect your personal information, using long, complex passwords, a VPN for all internet activities, and two-factor verification every time you log into any account. Still, one oversight or act of negligence by any entity you provide with your sensitive information can leave you open to fraud.
Data breaches can happen through:
- Hacking, or forced access into a server
- Phishing, using deceptive messages to trick an individual into giving up their personal information or sent to an employee to gain access to a company server
- Malware, harmful software that infects a system and steals data
- Insider threats, in which employees maliciously sell information and access, or are tricked into giving a malicious agent access
- Unpatched software makes access easier for hackers
Many of these access points can be avoided if companies and government entities take proper precautions for data security.
Legal obligation of businesses, healthcare providers, and the government to protect your data
Federal laws, overseen and enforced by the Federal Trade Commission (FTC), require companies to protect consumer data. These federal laws (which also apply to United States territories like Guam, Puerto Rico, and the U.S. Virgin Islands) include requirements for entities to protect private data and remedies for victims affected by a data breach.
In addition to federal laws, organizations also must comply with the state laws of each state they operate. State data breach laws require entities to inform victims of a data breach that could potentially affect them. Many states also require companies that have experienced a data breach to notify the appropriate law enforcement agency or state attorney general of the breach. You can find information about your state’s laws requiring notification of a data breach on the National Conference of State Legislatures website.
What are my rights after a data breach?
Your rights under federal law include:
- The right to be informed of data breaches. Any entity that experiences a data breach and compromises sensitive user information must disclose the nature of the breach and the sensitive information that may have been compromised.
- The right to request a correction of inaccurate personal information that a company has about you.
- The right to know how companies use personal information they gather about you and information about their data practices.
- The right to opt out of targeted marketing and the right to request that your personal information not be used for marketing purposes.
- The right to request that a company delete your personal information.
If a company fails to protect your sensitive information from a data breach, you have the right to enlist the services of a consumer protection attorney to help you secure compensation for any damages the breach caused you.
A consumer protection attorney can also help you deal with the financial fallout of a data breach. They can represent you with debt collection agencies and credit bureaus to remove incorrect information from your credit report and advise you of the protections available under your state laws.
Protecting your rights after a data breach
If you’ve experienced financial losses because of a data breach, it’s important to know your legal options. Mason LLP specializes in data breach cases and can help you understand your rights and pursue compensation. Don’t wait—contact Mason LLP today at (202) 429-2290 to discuss your case and get the support you need.