Who is Responsible When a Data Breach Leads to Identity Theft?
We’re all used to emails from various corporations warning us that our data is at risk because their systems were targeted in a cyberattack, and most of the time, those warnings don’t turn into anything serious. But a data breach can be more than just an inconvenience; it can lead to serious identity theft that takes victims tens of thousands of dollars and years of work to undo. That’s why working with a privacy violation attorney is highly recommended if you’ve been affected by identity theft.
At the Law Offices of Robin D. Perry & Associates, we understand how important it is that your private information is handled appropriately. We’ve also seen just how many companies fail to take appropriate steps to safeguard clients’ and consumers’ data. That’s why our team, led by Robin D. Perry, Esq., advocates for clients who have been negatively affected by privacy violations. Find out how our California privacy violation law firm can help you seek justice by calling us at 562-216-2944.
The Identity Thief Is Responsible, But They May Not Be the Only One
Obviously, the person who actually steals and misuses another person’s information can be legally responsible for the harm that follows. However, this isn’t always helpful when a victim is seeking compensation. Cybercriminals can be difficult to identify and are often located outside the country, far from U.S. jurisdiction. Even when they are local, they may be judgment-proof if they lack assets or income.
But because they are often not the only liable party, you may be able to shift your attention to the company that collected or stored the compromised information. A company isn’t automatically liable just because a hacker breached its systems, but if it did not satisfy its data security obligations, it could be.
What Security Duties California Businesses Have
Per California Civil Code 1798.81.5, businesses that own, license, or maintain personal information about California residents must use reasonable security procedures and practices that are appropriate for the nature of the information they hold.
This doesn’t mean that they must successfully block every cyberattack. It does mean that they must take appropriate precautions based on the sensitivity of the information and any known security risks.
Your privacy violation lawyer may look at whether they patched known vulnerabilities, blocked unnecessary access, protected login credentials, and responded appropriately to security warnings.
Do Companies Have to Tell You About Data Breaches?
California also has specific requirements regarding breach notifications. Per state law, a business typically has to notify California residents when specified unencrypted personal information was acquired (or is reasonably believed to have been acquired) by an authorized person. If the breach affected more than 500 residents, the company must also send a sample notice to the California Attorney General.
When companies provide timely notice of a breach to consumers, it may give them enough time to freeze their credit, change passwords, and monitor their financial accounts. When they wait too long, customers may not be aware of the breach until they’ve already suffered losses. California has some of the most significant cybercrime losses in the country, so every moment matters.
Identity Theft That Causes Financial Losses
Every case of identity theft can feel like a violation, but those that result in actual financial losses can cause serious harm. If you were the victim of identity theft that left you with unauthorized charges that were not reimbursed, lost income due to time spent addressing the theft, and out-of-pocket losses, you could be entitled to compensation. Recordkeeping in these cases is very important. You should keep copies of statements, receipts, credit reports, and records showing time and money spent correcting the problem.
Proving That a Data Breach Caused Identity Theft
One issue that your privacy violation attorney will address is how to prove that one specific breach led to identity theft. This can be fairly difficult to prove, since many consumers provide information to companies throughout their lifetimes. You may need specific evidence linking the identity theft to the breach in question, not previous breaches or phishing attacks. Your privacy violation lawyer may look at the specific information exposed, the timing of fraudulent activity, and whether other victims experienced similar issues.
Contact Our Privacy Violation Law Firm in California Today
Identity theft can threaten your financial future and stability. We’re here to help you hold negligent companies accountable when they expose your information. Schedule a consultation by contacting us online or calling us at 562-216-2944.
Attorney Robin D. Perry has been part of the Long Beach Community for over 25 years handling business litigation, employment litigation and advising, criminal defense, personal injury and code enforcement defense for businesses.
