If you recently received a letter in the mail informing you that your personal information and data has been breached, contact a Tiano O’Dell, PLLC, data privacy lawyer in West Virginia today for a free case evaluation immediately. Don’t wait until it is too late, we can help protect you and fight for fair compensation on your behalf.
As a consumer in the modern day, your personal data is linked to several different sources, such as:
- Medical providers, such as hospitals or pharmacies
- Mortgage companies
- Retail establishments
- Phone carriers
- Insurance companies
- Social media accounts
- Credit or debit cards
- Bank accounts
These sources all keep varying degrees of your personal information, depending on what you are required to provide for the account. Some of the information they may have on file includes:
- Full name
- Social Security Number
- E-mail address
- Physical address
- Health information
- Credit card number
- Bank account numbers
- Passport number
- Driver’s license
- And more
Your personal information is sensitive and if your information has been accessed by an unauthorized third party you may be at risk. Contact Tiano O’Dell, PLLC, to help you protect yourself.
Data Privacy Resources
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How Can an Attorney Help?
What Can Lead to a Data Breach?
When is a Company Responsible for a Data Breach?
Steps to Take After a Data Breach
How Are Data Breach Lawsuits Handled?
Recent Data Breach Lawsuits
Data Privacy Laws
Call an Attorney Today
How an Attorney at Tiano O’Dell, PLLC, Can Help
If your personal data has been breached, it is best to seek the help of an experienced data breach attorney. An attorney can help you gather the necessary evidence and documents needed for your case and fight to recover compensation on your behalf. An experienced Charleston, WV personal injury lawyer will know and understand the steps that need to be taken and deadlines that need to be met in order to give you a fair chance at fighting and winning your claim. A data breach of your personal information can be disconcerting, so don’t go at it alone, call an attorney as soon as possible.
What Can Lead to a Data Breach?
Companies should be governed by sensible policies and procedures to prevent, detect, contain, and correct security violations with as little risk to consumers as possible. Particularly when it comes to medical institutions, there are strict physical and administrative safeguards in place to protect the personal health information of patients. When these policies are not vigorously tested or are ignored, a serious data breach can occur. There are multiple ways in which criminals are able to obtain your information:
Unsecure Security Systems Online
Online security systems are constantly under attack from hackers. If security systems are not periodically updated, it becomes increasingly easy for hackers to penetrate the system. However, updating online security systems costs companies time and money, and sometimes updates are not made in time, leaving consumers at risk.
Malware
Malware, or malicious software, is intentionally designed to damage and destroy computers and computer systems. It can be installed through a network onto the user’s device, virtually undetected, and wreak havoc on the computer and systems. In the process of destruction, malware can search for and collect personal information.
Hacker Attacks
Hackers are skilled at navigating computers and have extensive knowledge of security systems and information technology. Because of this, it is easy for them to hack into online databases and other computer systems and access personal information unauthorized.
Sale of Personal Information
Oftentimes large, seemingly trustworthy companies can make large profits from selling their customers’ personal data to third parties. Once the third parties have obtained the information, they can use it however they see fit. Because of this, many states have passed laws that obligate companies to inform their consumers how they will use their information.
Improper I.T. Disposal
When companies dispose of old IT assets like computers or network devices, they must take proper care to completely erase and remove all consumer data. This can be done through a deletion program or by physically destroying hard drives. If companies do not properly decommission old I.T. devices, they leave their consumers’ personal data at risk of exposure.
When is a Company Responsible for a Data Breach?
When a company fails to take all the proper and necessary steps to protect their consumers’ data, they can be held accountable and found liable for the data breach. In order for the company that owned or possessed your data to be found liable, you or your West Virginia data breach attorney will have to prove that they acted negligently. Some ways a company could be found negligent are by:
- Failing to notify affected consumers in a timely manner
- Failing to take action to reduce risk after detecting the breach
- Failing to maintain security system in compliance with state law
- Being responsible for the data leak
What Steps to Take After a Data Breach
If a company you trust sends you a letter informing you that your information was part of a data breach, you are at risk. A data breach does not guarantee you will be targeted, but it is important to pay close attention if you receive a data breach notification. A few things you can do to protect yourself include:
- Don’t Ignore the Notice
Carefully read the notice you receive in its entirety. The notice should specify what information of yours was leaked. This letter is important to keep should you ever need to prove you were a victim of identity theft and can help you in your case. - Contact a Lawyer ASAP
If your personal information has been compromised, contact a data privacy lawyer immediately. They can help you understand the risks associated with the type of data breach you are facing. Should you choose to file a claim, a lawyer can help you navigate this unsettling event, and assist you in collecting the necessary information to move forward.
- Review the Account and Consider Closing
Log into your account with the company that notified you of the breach and try to figure out what information you provided. You may decide to close this account to protect yourself. While the third party may still have your information, it will cease being connected to that specific account.
- Monitor Your Credit
Many companies will offer a period of free credit monitoring after a breach. This is a great opportunity to proactively monitor your credit and make sure it is not impacted by the data breach. This can also allow you to look for signs of fraud. While you should certainly proactively monitor your credit to ensure there are no suspicious changes, it is still recommended to consult with an attorney as soon as you are made aware of a potential breach of your sensitive data.
- Update Account Login Information & Passwords
If your data has been breached, it is important to change login information, passwords, and security questions associated with any financial accounts. Even if the information breached was not linked to your bank accounts, this is an important preventative measure to take.
Contact a Tiano O’Dell, PLLC, data breach lawyer as soon as possible after receiving notice of a data breach. We have the skills and experience to help protect you and fight for your protection and compensation should you become a victim of any of the crimes associated with a data breach. Contact us today at (304) 720-6700 or online.
How Are Data Breach Lawsuits Handled?
Most data breach lawsuits are class action lawsuits that almost always end in a settlement. Per West Virginia Code § 46A-2A-101 there is a max penalty of $150,000 per breach of security for civil action cases. How much money you settle for depends on the information that was stolen, as some information is more high stakes than others, can cause more damage, and can be calculated based on the expected injury.
Recent Data Breach Lawsuits
Some recent data breach lawsuits include:
T-Mobile Data Breach: 100 million current and former customers’ personal and private information was compromised.
Capital One Bank Data Breach: Over 100 million customers’ financial and personal information was breached by a hacker.
Equifax Data Breach: 143 million Americans’ personal data was compromised due to the company’s inadequate cybersecurity.
Yahoo Data Breach: 3 billion Yahoo users’ email addresses, usernames and passwords, phone numbers, and other information was accessed in a series of data breaches.
Data Privacy Laws
Data privacy laws vary from state to state. The data privacy laws in West Virginia define a data breach as:
“Unauthorized access and acquisition of unencrypted and unredacted computerized data that compromises the security or confidentiality of personal information maintained by an individual or entity as part of a database of personal information regarding multiple individuals and that causes the individual or entity to reasonably believe that the breach of security has caused or will cause identity theft or other fraud to any resident of West Virginia.”
There are also several federal laws in place to protect your data. They include:
- The Gramm-Leach-Bliley Act – requires financial institutions to explain their information-sharing practices to customers
- The Children’s Online Privacy Protection Act – protects the online personal information of children under the age of 13
- The Health Insurance Portability and Accountability Act (HIPAA) – protects sensitive patient health information
- Specifically, the HIPAA Breach Notification Rule (45 CFR §§ 164.400-414) mandates that “HIPAA covered entities and their business associates provide notification following a breach of unsecured protected health information.” Individual notifications must be sent within sixty days following the discovery of a breach and include: a summary of the breach, potential compromised information, recommended steps to take, what the HIPAA covered entity is doing to investigate and mitigate damages, and contact information for the entity.
- The Federal Trade Commission’s Identity Theft Red Flag Rules – designed to identify patterns, practices, or specific activities that could indicate identity theft
Call Tiano O’Dell, PLLC, Today
If you are the victim of a data breach, contact an experienced attorney at Tiano O’Dell, PLLC, as soon as you receive a notice. Our lawyers have the skills and experience to help you understand your rights after a data breach and can help you pursue compensation from the at-fault parties. For a free consultation with a data privacy attorney, call (304) 720-6700 or contact us online. We are here to help you.