When you begin working for a new company, you may be required to provide them with a considerable amount of personal information. However, the last thing you expect is for this information to be compromised in a data breach! If this occurs, you may not know how to proceed or if your employer is liable. You’ll want to keep reading to discover how a California identity theft victim lawyer can help you hold your employer responsible for failure to secure your information.
Does an Employer Have to Protect Employee Data?
When you give company information, whether as a consumer or employee, the company is responsible for protecting that information. Unfortunately, you may need to provide a considerable amount of sensitive information to your employer for tax purposes. This includes your full name, address, banking information, and social security number. If a data breach occurs and this information is compromised, you can become a victim of identity theft.
Generally, you may find that data breaches occur in two ways. The first is usually non-malicious and occurs when an unauthorized employee accesses information. These are typically remedied easily, and, in most cases, no information is compromised. However, because an unauthorized party accessed the data, it is still considered a breach.
However, malicious attacks do happen. These occur when a hacker outside of the company accesses the information. Generally, the party will steal these details to sell on the dark web for others to purchase for nefarious reasons.
What Can I Do if My Company Is Responsible for a Data Breach Involving My Information?
Many are unaware they can seek financial compensation for damages when their employer is responsible for a data breach. Generally, you’ll find that you can pursue one of two avenues when filing a lawsuit. The first is for negligence. When a company obtains sensitive information, it is the responsibility of the company to ensure the security systems are sufficient and up to date. If the security measures are inadequate and a hacker can access this information, the company can be held liable for negligence.
On the other hand, you may be able to sue your employer for a breach of contract. If it was written that any information collected will be protected, but a breach occurs and your data is compromised, you can sue your employer for a contract violation.
By filing a lawsuit, you can fight to receive compensation for any financial damages incurred, as well as non-economic damages like emotional distress resulting from knowing you could be or have been a victim of identity theft.
At Loker Law, we understand how complex and unnerving a data breach can be. As such, we’re dedicated to helping you through these complicated times. We will fight for the justice you deserve when a current or former employer is responsible for a breach of your sensitive information. Contact us today to learn how we can assist you.