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Data Breach Laws: Know Your Rights

Aug 23, 2022
Shamis & Gentile, P.A.

Data is the currency of the modern economy. Collectively, companies and individuals have massive amounts of vital, valuable information stored both online and on physical data storage devices. This information is of tremendous value both to legitimate firms and criminals. As a result, it is of paramount importance that data is carefully protected. Despite data laws being in place and the extensive technological efforts that companies take to comply with them, data breaches do still occur. Thankfully, victims of data breaches have recourse to the law and claim compensation when their information falls into the wrong hands.

What is a data breach?

A data breach is any event that compromises the confidentiality, integrity or availability of personal data. In 48 states, as well as the District of Columbia, data breach and data security laws require organizations and government agencies to provide notifications of security breaches when they involve personally identifiable information. They may also be required to take remedial action in the event of a data leak. The critical point is that companies that hold sensitive data, such as credit card numbers, bank account details, social security numbers, etc., on behalf of their customers and staff, have a responsibility to safeguard that data. If a breach does occur, companies may not be able to repair the damage, but they must notify affected individuals, who can then take action to prevent the misuse of their data.

Can I sue a company for a data breach?

It generally becomes possible to sue after a data breach if the affected individual suffers any damage as a result. Unfortunately, the person or organization who actually stole the information and misused it is not likely ever to face justice. However, if the data breach can be proven to have happened as a result of negligence on the part of the company that held the information and suffered the breach, then the affected individuals can pursue legal action. 

How can Shamis & Gentile help me?

When attempting to sue the company, the plaintiff will need a lawyer to help them prove that the company was negligent in its duty to safeguard customer information. The data breach attorneys at Shamis & Gentile, P.A. can help you do that. We provide outstanding legal services in Florida and New York. We distinguish ourselves because of our experience and resources, which we combine to handle any kind of case involving personal injury, personal injury protection, class actions/mass tort, and contract disputes. When you bring your case to Shamis & Gentile, P.A., you will always work with a seasoned attorney who has an excellent track record. We are progressive and trusted within the legal community, and we are often called upon to settle cases that other law firms may not be able to handle on their own. With us, you can rest assured that your data breach case is in safe hands. 

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