What Are Data Breach Laws?

Data breach laws refer to the actions and statutes in place to help consumers understand their rights after a data breach has happened. Increasingly, consumers and consumer rights advocates are calling for stricter laws in terms of what level of security companies must have to prevent possible data breaches, too.

Companies today should do everything in their power to prevent a data breach from ever occurring, but they also must take action if they become aware of a data breach that has exposed their customers to possible hacking or identity theft.

Data Breach Notifications at the State Level

Data breach notification laws make it mandatory for a company to tell individuals or entities about a suspected data breach and to take necessary action steps to address the situation once a breach is discovered. Data breach laws will likely continue to evolve as more companies make the news due to breaches.

States have their own data breach laws about what is required for companies to notify impacted consumers. Most states modeled their laws after the California requirements, which state that breaches must be reported if sensitive information was accessed and that companies need to notify impacted consumers in writing as soon as possible after the breach is discovered. This applies in cases in which there is a reasonable level of harm to consumers.

This interpretation, of course, leaves some room for error when it comes to how consumers become aware of a data breach and how quickly they are told. This is why some consumer advocates want tighter laws at the state level with clear explanations of what companies must do when they discover a data breach.

The first step in determining if you have grounds for legal action is to look at your state’s individuals laws and discuss this with a lawyer.

How to Prevent Data Breach

Companies that collect and store personally identifying data about their customers should have data security options in place to prevent hackers from trying to break into their systems. This can include firewalls, training employees about how to spot and ignore phishing schemes, and regular security upgrades.

Some basic tips can benefit companies of all sizes, such as only keeping what is really needed. Other personal information that is not essential to the company process should be deleted and destroyed because keeping it poses a security risk.

Another key aspect of preventing a data breach is making sure that every employee is on the same page about procedures to follow to prevent a data breach. This boils down to the individual employee level since employees who don’t properly store data or who open questionable emails can put the entire company at risk.

Companies should always limit access to their most valuable data– a company that allows employees of all levels to access this information is a valuable target from the eyes of possible hackers.

Another simple place to tighten up data security is to ensure that every third-party vendor working with your company is aware of the need for data security and has followed the necessary steps to make that happen on their end. As data breach laws continue to evolve, most businesses need to take forward action steps on their own to protect their individual data anyways.

Join a Data Breach Lawsuit

If you think that your information was leaked in any way from a company that should have been better protected, you might be able to join a data breach lawsuit. If you think that data breach laws are there to protect you, a consumer protection attorney can help you figure out your next steps. Determining when a company did not do enough to either prevent the data breach or did not act quickly enough to notify impacted consumers is an important part of your legal process.

Top Class Actions can help you to identify an attorney who has the right experience with data breach cases to evaluate your individual claim and to help you file suit.

Join a Free MGM Resort Data Breach Class Action Lawsuit Investigation

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• Aria
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This article is not legal advice. It is presented
for informational purposes only.