What Are Some Of The Legal Issues Involved With Privacy Data?
There is no national policy or statute regarding data privacy. In the United States, each state has its own rules, meaning there are 50 different sets of rules. In addition, because so much of business is done internationally online, there is also an entirely different set of international laws that apply to data privacy. California recently passed an updated data privacy law, and it is much more in line with Europe’s data protection plan.
If you own a business, you are tasked with finding the most restrictive data privacy law and being in compliance with that as the default. If you do not and some of your business ends up in a more stringent state, you could be subject to some of the punishments that can be levied from that more restrictive state.
When advising businesses, the best thing to do is to assume the most restrictive policy applies to you and use that as your guidepost. One of the things you have to do is determine what data is subject to the privacy laws in each state and then decide what to do with that data or even if you need that data.
Most small to mid-sized businesses end up out of business within six months after a breach event because they simply cannot afford to comply with the breach notification laws.
What Do Data Security And Data Privacy Lawyers Do? What Is Data Privacy Breach?
Data privacy and data security lawyers are all about compliance. It’s about ensuring that a business complies with all the different data privacy laws. It includes doing risk analysis and an internal inspection of the company’s privacy rules. Data privacy attorneys also deal with class-action lawsuits.
California has allowed for a private right of action which means the individual can sue the business for some violation of the data privacy law. California has instituted a statutory amount for a violation.
The statute amount varies based on the violation. It is about $1000 to $1,500 per violation, so it doesn’t make sense for an individual to sue a business over a $1,000 or $1,500 statutory fine. What happens then is there are class action lawsuits when there is a major breach. Economically, it makes more sense to have many customers coming together to pursue litigation for their individual $1,000 violation fee.
For more information on Legal Issues With Data Privacy And Data Security, a free initial consultation is your next best step. Get the information and legal answers you seek by calling (855) 675-2901 today.
Our Trial Attorneys Have A Solution.
Call Now For A Free Consultation.