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ARTICLE · 21 NOVEMBER 2017

Is There Automatic Civil Liability For A Data Breach?

No! It is a common misconception among the general public that someone always has to pay when there is a data breach.

United StatesEmployment and HR

No! It is a common misconception among the general public that someone always has to pay when there is a data breach. It is understandable that individuals affected by a data breach will be upset, distraught, and even angry. In light of recent large-scale data breaches, it is safe to say we have all been there, with our personal information that we entrusted to particular companies or employers now out there in the hands of cyber thieves.

Data breaches may result in serious harm to the affected individuals, such as identity theft and disruption of their lives and businesses. Of course they will want someone to pay, and they will probably find a plaintiffs’ attorney who will file a lawsuit regardless of whether your company has any liability, hoping that a jury would reward the “victim” simply because they suffered damages.

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