California Data Breach Lawyers

Data protection is an evolving issue, and a critical concern for individuals in California as private information passes through the online environment.

Data Breach Violations Come In Many Forms

In California, consumer and employee rights around data breaches are primarily governed by the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), and specific breach notification statutes. These laws provide a framework for the rights of individuals and the obligations of businesses in the event of a data breach.

Consumer Data Breach Rights

Notification: Businesses must notify consumers without unreasonable delay, in most cases, no later than 72 hours after discovering a data breach involving personal information.
Information: The notification must include the date of the breach, the types of information compromised, and the steps the consumer can take in response to the breach, such as contacting credit bureaus.
Legal Action: Under certain circumstances, consumers may have the right to take legal action against a business that fails to implement reasonable security practices and procedures which leads to a data breach.

Employee Data Breach Rights

Notification: Similar to consumer rights, employees must be promptly notified when there is a breach involving their personal data. This includes names, social security numbers, driver’s license numbers, medical information, health insurance information, and more.
Security Measures: Employers are required to implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal information of employees.
Legal Recourse: Employees may have legal recourse if an employer’s negligence leads to a data breach affecting their personal information.

General Provisions

Both the CCPA and CPRA outline broader rights and protections around the collection, use, and safeguarding of personal information which indirectly relate to data breaches, including the right to know what personal information is being collected, the right to delete personal information, and the right to opt-out of the sale of personal information. In case of non-compliance or negligence leading to a data breach, businesses may face significant penalties, and individuals may have the right to seek damages.

It’s important for both consumers and employees in California to be aware of these rights and for businesses to understand their obligations under these laws to ensure they are compliant and to protect the personal information of their customers and employees.

Our Approach

Our Practices are Guided by Integrity. We’ll protect what you deserve.

We work tirelessly and fight tenaciously to hold rights abusers accountable.

If you’ve experienced a distressing incident related to an issue like this, call us for a free case evaluation.

Did You Know?

Consumer Data Breaches

Consumers have the right to be promptly notified of data breaches involving their personal information, receive details about the breach, and may take legal action against businesses that fail to maintain reasonable security measures.

Employee Data Breaches

Employees in California are entitled to immediate notification of data breaches, protection through reasonable security measures by employers, and legal recourse in cases of negligence leading to personal information compromise.

Is It Illegal, or Just Unfair?

Legal cases can be lengthy, complicated, and confusing, but you don’t have to take on the system all by yourself. If you believe someone has violated your individual rights, or the rights of a large group of people in your community, we can help you find the right course of action.

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