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Suing Your Employer for a Data Breach

by Mic Johnson

The modern world is dependent on the digital database for information storage. Most people and employees provide sensitive information to businesses and companies, hospitals, and institutions. However, the expectation when sharing such private information is that the party will guard the digital information responsibly. However, the increasing nature of cyberattacks on vulnerable systems can expose your information, exposing you to personal and financial damages. If you experience this, you can file for compensation from the company or institution responsible for the breach.

What is Data Breach?

Businesses and organizations can collect personal information through various means. From online purchases, signing up with a bank, or employees submitting personal details to the employer, several avenues can expose your private information. That said, a data breach occurs when cybercriminals successfully exploit vulnerable areas in your employers’ database or network by bypassing its security measures.

Such vulnerabilities enable hackers to access sensitive information, such as credit card information, email addresses, personal cell number, social security number, home addresses, and other details you might want to keep private. A data breach often occurs because the hacker wants to exploit the employers’ network for personal benefits or sell any information gathered to interested parties.

Regardless of the motive, the damage resulting from data breaches is shared private information, which can be used for internet crimes, such as identity fraud or theft.

Suing Your Employer for Data Breach

In most situations, the hacker who infiltrated and stole the information remains anonymous, making it impossible to fill a legal suit. However, you can sue the company responsible for handling your information for negligence and inability to keep your private information safe. In this case, employees can sue their employer for negligence. However, with the challenging landscape of such lawsuits, hiring an employment lawyer is a prudent option.

Without proper knowledge on how to file the lawsuit, deadlines to observe, and the details to provide, you might lose the chance of getting reasonable compensation from your employer.

Damages in a Data Breach Lawsuit

You might suffer various damages from the data breach. Therefore, you should quote significant compensation on your legal suit depending on the type of data breach. Similarly, working with an employment opportunity can help you analyze the damages and possible compensation. The damages you might be eligible for compensation include;

  • Cost of replacing debit and credit cards
  • Cost of changing information stolen during the incident
  • Service fee for monitoring personal information after the breach
  • Cost of credit reports and credit insurance
  • Emotional damage from the breach, such as emotional distress and invasion of privacy
  • Any other expenses incurred following the breach.

What to Do After Data Breach

While your claim against a data breach is being processed, the court also evaluates whether you have taken the required measures to protect your details from the breach. Nonetheless, you should undertake the following after a breach to prevent another infiltration;

  • Change the affected account passwords.
  • Change the credit cards affected by the breach.
  • Inform your bank about fraudulent and unusual activities.
  • Change bank account numbers.

It is also prudent to save any information associated with the breach. This includes your financial institution, any changes to your credit cards, fraudulent activities on your bank, and any other possible evidence that proves personal damage. Doing this makes it easier to mitigate any possible future breach.

Bottom Line

Legal suits for data breaches become valid once there is evidence of financial damages resulting from any information leaked. Such cases are important to minimize the extent of harm while ensuring that the affected person is compensated for the resulting loss.

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