Can I Sue for a Data Breach in California?

Schedule a Consultation

You have entrusted your personal information with a California business, only for that business to fall victim to a data breach. A data breach exposes confidential, sensitive or protected information to an unauthorized person, who may view and share the files without your permission. Data breaches can happen to anyone – from individuals to high-level enterprises and governments. But do you have any legal recourse if you fall victim to a data breach? If you are asking yourself that very question, please read on, then contact an experienced Los Angeles, California data breach lawyer today.

How does a data breach occur in California?

Many people assume that an outside hacker will cause a data breach, but that is not always true. Data breaches can happen for a multitude of reasons, but some of the most common are as follows:

  • An accidental insider: One person uses another person’s devices and reads files without having the proper authorization permission.
  • A malicious insider: A person, who may have legitimate authorization, purposely accesses and/or shares data with the intent of causing harm to an individual or company.
  • Lost or stolen devices: An unencrypted and unlocked laptop or external hard drive – anything that contains sensitive information – goes missing.
  • Malicious outside criminals: Hackers use various attack vectors to gather information from a network or an individual.

Can I obtain compensation for a data breach in California?

The California Consumer Protection Act’s private right of action allows consumers, as individuals or a class, to sue businesses when their personal information is disclosed without their authorization. To recover monetary damages, the consumer must prove the business failed to maintain reasonable security procedures and practices.

What elements do plaintiffs have to prove in a data breach case?

In order to recover compensatory damages for a data breach, a plaintiff must prove negligence on the part of the business. Together with a skilled California consumer lawyer, you might argue that:

  • The business’s security measures lacked the necessary strength to prevent a reasonable attack.
  • The business housing the plaintiff’s data profile could have prevented the data breach by using software and hardware sufficient to protect the information through standard and even multiple attacks.
  • By hiring hacking professionals to test the strength of the business’s security measures, the company could have prevented numerous incursions.

How will the court determine my compensation?

If you succeed in your case, the court will weigh the following factors when deciding on the amount of your compensation:

  • How sensitive the leaked information is and its impact on the consumer
  • The number and duration of violations
  • Whether the violation was intentional or not
  • How the company dealt with the breach

If you have any further questions or would like to commence your pursuit of compensation, please give us a call as soon as possible.

Contact our Los Angeles Firm

If you have any matters regarding consumer law, personal injury, employment law, entertainment law, criminal defense or immigration, contact us at Los Angeles Legal Solutions.

Watch Our Educational Videos

© 2022 Los Angeles Legal Solutions. All Rights Reserved.
Disclaimer | Sitemap | Privacy Policy